| Case ID |
3cbaceb4-f49a-4488-b6eb-5a4ae18da66b |
| Body |
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| Case Number |
Writ Petition No. 541-A of 2020 |
| Decision Date |
May 06, 2020 |
| Hearing Date |
May 06, 2020 |
| Decision |
The Family Court's order to seal the dowry articles was found to be illegal and without lawful authority. The court determined that since the husband was willing to return the dowry articles, there was no property in dispute, and thus the Family Court should have directed the bailiff to hand over the admitted dowry articles to the wife instead. The petition was allowed, and the Family Court was directed to de-seal the rooms and hand over the dowry articles to the wife, subject to proper inventory. Any disagreements regarding the quantity or condition of the articles were to be resolved after recording evidence during the final judgment. |
| Summary |
In the case of Writ Petition No. 541-A of 2020, decided by the Peshawar High Court, the court addressed issues arising from a family suit concerning the dissolution of marriage, possession of a house, and the recovery of dowry articles. The petitioner, WAQAS ILYAS, contested an order from the Family Court which directed the sealing of dowry articles that were already admitted to belong to the wife, REEMA REHMAN. The court found that the Family Court had overstepped its jurisdiction by sealing the articles when the husband expressed readiness to return them. The provisions of the Family Courts Act, particularly Section 21-A, were interpreted such that the Family Court had the discretion to preserve and protect property in dispute but not to seal it when there was no actual dispute. The ruling emphasized that the Family Court should have facilitated the return of the dowry articles instead of restricting access to the husband's property. Ultimately, the court set aside the Family Court's order and directed the immediate de-sealing of the rooms where the dowry articles were kept. This case highlights the importance of adhering to lawful procedures in family law matters and the proper interpretation of statutory provisions regarding property in family disputes. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAKEEL AHMAD,
AHMAD ALI
|
| Lawyers |
Ms. Tehsin Shehzadi,
Zahid Mahmood Qureshi
|
| Petitioners |
WAQAS ILYAS
|
| Respondents |
ANOTHER,
REEMA REHMAN
|
| Citations |
2020 SLD 2466,
2020 YLR 2693
|
| Other Citations |
PLD 2017 Lah. 689
|
| Laws Involved |
Family Courts Act, 1964,
Constitution of Pakistan, 1973
|
| Sections |
5,
21-A,
199,
24
|