| Case ID |
52aa6c13-ed2c-4cd1-b2bf-41f0b157b1e1 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 1189 of 2009 |
| Decision Date |
Aug 18, 2009 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, confirming the concurrent findings of the lower courts. The Court held that it generally does not interfere in such concurrent conclusions unless there is a substantial question of law of public importance. The petitioner, Dr. AYESHA SABIR, had sought recovery of dowry articles, but the Family Court dismissed her suit on grounds of jurisdiction and concurrent findings that her claims had been settled by the Canadian courts. The petitioner failed to challenge crucial findings in the lower courts, leading to the Supreme Court's refusal to grant leave to appeal. |
| Summary |
This case revolves around the recovery of dowry articles following a divorce. Dr. AYESHA SABIR filed a petition against FIDA UL HAQ for recovery of valuable dowry items she claimed were given at the time of marriage. The Supreme Court of Pakistan ruled that the Family Court's findings were appropriate and that the matter had been previously settled in Canada, thus confirming the lower courts' decisions. The case highlights the importance of jurisdiction and the adherence to previous court findings in family law cases. Trending keywords in this context include 'dowry recovery', 'family law', 'Supreme Court decisions', and 'jurisdictional challenges'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
CH. IJAZ AHMED,
GHULAM RABBANI
|
| Lawyers |
Mir Muhammad Ghufran,
Ibadur Rehman Lodhi
|
| Petitioners |
Dr. AYESHA SABIR
|
| Respondents |
FIDA UL HAQ and others
|
| Citations |
2010 SLD 2880,
2010 SCMR 1811
|
| Other Citations |
PLD 1981 SC 246,
PLD 1981 SC 522,
1974 SCMR 279,
PLD 1974 SC 106,
PLD 1973 SC 236,
PLD 1989 SC 166,
PLD 1971 SC 766,
AIR 1940 P.C. 219
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Family Courts Act (XXXV of 1964)
|
| Sections |
185 (3),
199,
5
|