Recovery of Maintenance Allowance 2016 CLC 26 LHC, S. 5, Sched—Constitution of Pakistan, Art. 199—Constitutional jurisdiction, exercise of—Scope—Suit for recovery of maintenance allowance, dower and dowry articles—Application for summoning of witnesses/scribe of receipts of dowry articles—Wife produced purchase receipts of dowry articles during her evidence—Husband/petitioner moved an application for summoning of witnesses/scribe of receipts produced in evidence—Family Court observed that objections, relevancy, admissibility and evidentiary value of the receipts of dowry articles would be decided at appropriate stage and defendant had not mentioned name, address and sufficient particulars of any witness to whom he wanted to summon through process of court; however, defendant-husband would be at liberty to produce any evidence/witness during his own evidence subject to all just and legal exceptions—Validity—Right of defendant-husband to produce evidence had not been closed by the Trial Court—Defendant-husband would be at liberty to produce any witness at his turn while recording evidence—interim order passed by the Family Court should not be brought to superior courts to obtain fragmentary decisions which would harm the advancement of fair play and justice, curtailing remedies available under the law—Husband had not been prejudiced by the impugned order—Constitutional jurisdiction was not to be exercised in routine but only to foster the ends of justice—Constitutional petition being not maintainable was dismissed in limeline.
Recovery of Maintenance Allowance 2016 CLC 26 LHC
