| Case ID |
5e752e09-4b5a-4daa-9072-84b2989c12cf |
| Body |
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| Case Number |
Writ Petition No. 4437 of 2013 |
| Decision Date |
May 17, 2013 |
| Hearing Date |
|
| Decision |
The Family Court decreed the suit for recovery of dowry articles filed by the wife based on the list she submitted. The husband's claim of a separate list was not substantiated as he admitted the wife's claim in his written statement. The Family Court's decision was affirmed by the appellate court, and the constitutional petition was dismissed. The husband's arguments were deemed invalid as he failed to exhibit the alleged separate list of dowry articles, leading to a rightful decree based on the wife's evidence. |
| Summary |
In this case, the Lahore High Court addressed a dispute regarding the recovery of dowry articles under the West Pakistan Family Courts Act. The petitioner, Umar Hayat, contested the Family Court's decision, which had decreed in favor of his wife, Mst. Rabia Basri, for the recovery of dowry articles based on a list submitted by her. The Family Court's judgment was grounded in the acknowledgment of the wife's claim by the husband in his written statement, which significantly impacted the proceedings. The Family Court's ruling was confirmed by the appellate court, emphasizing the importance of evidence and the proper application of law in family matters. This case underscores the legal framework governing dowry disputes and the critical role of evidence in judicial determinations. Legal practitioners and individuals involved in family law cases should take note of the implications of this case regarding the acknowledgment of claims and the necessity of presenting substantiated evidence. Keywords: dowry articles, family court, recovery suit, legal proceedings, evidence in family law, Lahore High Court. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD KHALID MEHMOOD KHAN, J
|
| Lawyers |
Jabbar Qadir,
Muhammad Yasin Hatif
|
| Petitioners |
UMAR HAYAT
|
| Respondents |
2 others,
Mst. RABIA BASRI
|
| Citations |
2015 SLD 2098,
2015 YLR 1427
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Family Courts Act,
Civil Procedure Code,
Constitution of Pakistan
|
| Sections |
S. 5,
O. VIII, R. 1,
Art.199
|