| Case ID |
73911a68-3fed-4bde-8806-72d88c0d4309 |
| Body |
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| Case Number |
W.P. No. 8654 of 2014/BWP |
| Decision Date |
Nov 28, 2014 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioner, Shahzad Anwar, challenging the judgments and decrees issued by the Family Court and the Additional District Judge. The court upheld the findings of the lower courts regarding the validity of the dowry articles and maintenance allowance awarded to the respondent, emphasizing that the Family Courts Act allows for a more flexible approach to evidence and does not require strict adherence to the Civil Procedure Code. The appellate court's modification of the maintenance allowance from Rs. 5,000 to Rs. 3,000 per month was deemed appropriate given the circumstances and evidence presented. |
| Summary |
This case revolves around a constitutional petition filed by Shahzad Anwar against the decisions made by the Family Court and the Additional District Judge regarding maintenance allowance and dowry articles in a family dispute. The Lahore High Court, presided over by Justice Khalid Mahmood Malik, examined the applicability of the Family Courts Act, which emphasizes expeditious resolution of family matters without being bound by the technicalities present in other legal proceedings. The court highlighted that evidence in family court is evaluated differently, and the lack of formal proof of dowry articles by the wife does not negate her claims. The court upheld the lower courts' findings and modified the maintenance allowance, emphasizing the necessity of providing justice in family matters. This case underscores the importance of the Family Courts Act in ensuring fair treatment in family disputes, promoting a legal environment that prioritizes justice over procedural technicalities. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Khalid Mahmood Malik, Justice
|
| Lawyers |
Farhat-ur-Rehman Awan
|
| Petitioners |
SHAHZAD ANWAR
|
| Respondents |
OTHERS,
ADDITIONAL DISTRICT JUDGE
|
| Citations |
2016 SLD 3074,
2016 MLD 668
|
| Other Citations |
Mst. Shakeela Bibi v. Muhammad Israr and others 2012 MLD 756
|
| Laws Involved |
Family Courts Act (XXXV of 1964),
Constitution of Pakistan,
Qanun-e-Shahadat, 1984,
Civil Procedure Code, 1908
|
| Sections |
5,
Sched,
17,
199
|