| Case ID |
171b0379-111f-4ab3-b45b-c9137c8008bc |
| Body |
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| Case Number |
C.P. No. 39 of 2019 |
| Decision Date |
Sep 23, 2019 |
| Hearing Date |
Sep 16, 2019 |
| Decision |
The court upheld the concurrent findings of the lower courts regarding the maintenance for iddat period and dower amount, stating that the petitioner failed to provide evidence regarding the return of dowry articles. The amount for dowry articles was modified and reduced to Rs. 3,00,000 due to depreciation of daily use items. The petition was disposed of with this modification. |
| Summary |
This case revolves around the recovery of dower amount, dowry articles, and maintenance allowance under the Muslim Family Laws Ordinance. The petitioner contested the trial court's decision, which had decreed in favor of the respondent regarding the maintenance and dower. The court emphasized the evidential burden on the petitioner to prove claims regarding dowry articles, highlighting the challenges faced by wives in maintaining records of dowry. This case reinforces the principles of Islamic law regarding dower, particularly when marriage has not been consummated. Legal professionals navigating family law cases in Pakistan must understand the implications of this ruling, as it addresses issues of evidence, maintenance, and the rights of women in marriage. The decision reiterates the importance of proper documentation and the legal precedents set in previous cases, which may serve as critical references in future family law litigation. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
NAEEM AKHTAR AFGHAN,
ABDUL HAMEED BALOCH
|
| Lawyers |
Mr. Noor Muhammad Kakar,
Mr. Muhammad Usman Yousafzai
|
| Petitioners |
AZIZUR-REHMAN
|
| Respondents |
2 OTHERS,
MST. BIBI JAMEELA
|
| Citations |
2021 SLD 2138,
2021 PLJ 126
|
| Other Citations |
2008 SCMR 1584,
PLD 2014 SC 693
|
| Laws Involved |
Constitution of Pakistan, 1973,
Muslim Family Laws Ordinance, 1961
|
| Sections |
199,
9,
10
|