2009 PLP 1498 (YLR)
NADEEM MASIH — Petitioner Versus Mst. NUSRAT BIBI — Respondent
| Citation | 2009 PLP 1498 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Syed Hamid Ali Shah, J |
| Parties | NADEEM MASIH — Petitioner Versus Mst. NUSRAT BIBI — Respondent |
| Primary Law | West Pakistan Family Courts Act (XXV of 1964) |
Q1: What are the key laws and sections cited in 2009 PLP 1498 (YLR)?
This judgment primarily cites: West Pakistan Family Courts Act (XXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 1498 (YLR)?
The case was heard and decided by the Lahore bench comprising: Syed Hamid Ali Shah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1498 (YLR) (NADEEM MASIH — Petitioner Versus Mst. NUSRAT BIBI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Ijaz Akbar for Petitioner.
- Raja Muhammad Munir for Respondent.
Headnotes / Summary
S.5 & Sched. --Suit for recovery of dowry articles by Christian
Petitioner had called in question the judgments and decrees of the two Courts below whereby the suit of the respondent for recovery of dowry articles was decreed but the Trial Court and Appellate Court had affirmed the decision of the Trial Court
Parties, after arguing the case, had reached the consensus that petitioner conceded to the jurisdiction of the Courts established under the West Pakistan Family Courts Act, 1964; that petitioner would deliver the articles of dowry as per list; that petitioner's failure to deliver any article as per the list, the value thereof would be paid by him; that question of gold ornaments would be resolved on oath on Holy Testament (Bible) as parties were Christians) that respondent, if would take oath that gold ornaments, had not been delivered, the petitioner could return the gold ornaments or value thereof; and that parties would appear before Judge Family, Court or his successor for the delivery, articles of dower and determination of delivery of gold ornaments.
Judgment & Decree
SYED HAMID ALI SHAH, J.--The petitioner through filing the instant petition, has called in question the judgments and decrees of the two Courts below, whereby the suit of the respondent for recovery of dowry articles was decreed on 14-4-2007, by the trial Court and appeal of the petitioner Was dismissed by the appellate Court, affirming the decision of the Judge. Family Court vide judgment and decree, dated 3-10-2001.
2. The petitioner mainly assailed the judgments on the ground that the parties ale Christian, by faith and the provisions of Muslim Family Law Ordinance, 1961 are not applicable. The dispute inter se the petitioner and the respondent, is regarding the dowry articles and the matter under reference falls within the provisions of West Pakistan Family Courts Act, 1964. The provisions of the Act, 1964 are independent, operate in different field and have different scope. The Act does not contain anything to suggest that it inapplicable to inapplicable to Christians.
3. The parties, after arguing this case at some length, have reached the following consensus:-- (i) Petitioner concedes to the jurisdiction of the Courts, established under the Family Courts Act, 1964; (ii) The petitioner will deliver the articles of dowry as per list Exh.P-1; (iii) Petitioner's failure to deliver any article as per the list, the value thereof will be paid by him; (iv) The question of gold ornaments will be resolved on oath on Holy Testament (ﺍﻨﺠﻴﻞ). The respondent, if takes oath that gold ornaments, have not been delivered, the petitioner will return the gold ornaments or value thereof; and (v) The parties will appear before Mr. Hafeez-ur-Rehman, Judge, Family Court or his successor for the delivery of articles of dower and determination of delivery of gold ornaments.
4. Instant petition is decided and disposed of as per the above consensus. H.B.T./N-37/L Order accordingly.