| Case ID |
1a073366-3406-4de7-bd2f-21f7acc81ba8 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.1480-L of 20 |
| Decision Date |
Jul 16, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court found that the Family Court and the Appellate Court had not committed any illegality or irregularity in their concurrent findings regarding the recovery of dowry articles. The petitioner, Muhammad Habib, challenged the decision of the Lahore High Court which upheld the decree for dowry recovery in favor of Mst. Safia Bibi. The Supreme Court denied leave to appeal, affirming that there was sufficient evidence to support the findings of the lower courts, and that the issues raised by the petitioner did not warrant further review. The court emphasized that the list of dowry articles presented was typical for a bride and that the petitioner failed to prove any fabrication or lack of receipts for the items claimed. Consequently, the decision to enhance the amount awarded by the Family Court was upheld. |
| Summary |
This case revolves around a civil petition for leave to appeal concerning the recovery of dowry articles under the West Pakistan Family Courts Act, 1964. The petitioner, Muhammad Habib, contested the decision of the Family Court and the subsequent ruling of the Appellate Court which modified the amount awarded for the dowry articles claimed by his ex-wife, Mst. Safia Bibi. The Supreme Court of Pakistan ruled that the lower courts had properly assessed the evidence and that their findings were based on substantial facts. The court noted that the evidence presented by the petitioner did not sufficiently challenge the respondent's claims. The ruling reinforces the importance of proper documentation in dowry recovery cases and highlights the court's reluctance to interfere in concurrent findings of fact unless clear legal discrepancies are presented. This case serves as a significant reference for family law, particularly in matters of dowry recovery, and underscores the judicial approach towards maintaining the integrity of lower court decisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-HASSAN KHAN,
SYED SAKHI HUSSAIN BOKHARI
|
| Lawyers |
Javed Bashir,
Muzammal Akhtar Shabbir
|
| Petitioners |
Muhammad Habib
|
| Respondents |
others,
Mst. Safia Bibi
|
| Citations |
2008 SLD 1891,
2008 SCMR 1584
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Family Courts Act (XXXV of 1964),
Constitution of Pakistan (1973)
|
| Sections |
5,
Art.185(3)
|