2017 MLD 1101 LHC Suit for Recovery of Dower

S. 5, Sched—Suit for recovery of dower —Entries made in column No. 16 of Nikahnama—Scope—Contention of wife was that husband promised to mutate agricultural land mentioned in column No. 16 of Nikahnama—Suit was decreed by the Family Court but same was dismissed by the Appellate Court holding that Family Court had no jurisdiction to decide the controversy involved in the present case—Validity—Family Court had jurisdiction to entertain and decide the matter arising out of Nikahnama—Family Court rightly assumed the jurisdiction and decided the lis strictly in accordance with law—Appellate Court had committed jurisdictional defect while accepting the appeal—Wife had proved her case through reliable and credible evidence and she was entitled for the decree prayed in the plaint—Impugned judgment and decree passed by the Appellate Court were set aside and those of Trial Court were restored—Constitutional petition was accepted in circumstances.

Ch Muhammad Shahid Bhalli Advocate

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