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Recovery of Dowry Article 2012 PLD 165 Case Laws

Recovery of Dowry Article 2012 PLD 165 Case Laws

Recovery of Dowry Article 2012 PLD 165 Case Laws, Section 5 Sched. & S.17—Civil Procedure Code (V of 1908), O.XX, R.10—recovery of gold ornaments–Decree—Non-mentioning of value of ornaments—Decree passed by Family Court did not state value of gold ornaments to be recovered from judgment debtor—Validity—Such decree was not in the usual form as it directed delivery of gold ornaments but did not state alternative of money payable in case of non-delivery of gold ornaments by judgment debtor—Decree in question was not framed in accordance with the provisions of O.XX, R. 10, C.P.C.—In view of S.17 of West Pakistan. Family Courts Act, 1964, provisions of O.XX, R.10, C.P.C. were not strict sensu applicable to a decree obtained in a Family suit—No provision existed in West Pakistan Family Courts Act, 1964, similar or corresponding to O.XX, R.10, C.P.C.—Decree passed under West Pakistan Family Courts Act, 1964, for recovery of dowry articles including gold ornaments or other movable property was lawful and executable, even if it did not state monetary value payable in case movable property was not delivered.

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