Recovery of Dowry Articles 2002 SCMR 701 Case Laws

Recovery of Dowry Articles 2002 SCMR 701 Case Laws, West Pakistan Family Court Act 1964 —-S. 5 &. Schedule—Constitution of Pakistan (1973), Arts. 199 & 185(3)–Suit for return of dowry articles —District Judge had refused to allow return of the other articles which in the light of evidence on record stood admittedly given by way of dowry in the absence of any rebuttal or evidence that the goods mentioned in the list were not given as such—District Judge, thus failed to read evidence on record and this was a case of gross misreading of record—Judgment and decree of the District, Judge were held to be without lawful authority by the High Court in its Constitutional jurisdiction under Art. 199 of the Constitution—Validity–No misreading or non-reading of evidence by the High Court was found—High Court in its Constitutional jurisdiction rightly exercised its powers, wherein .the order of the District Judge was found contrary to the evidence recorded by the parties and his findings were perverse which resulted in miscarriage of justice—Supreme Court declined interference in the findings of the High Court in circumstances.

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