2010 PLP 88 (MLD)
GHULAM RASOOL — Petitioner Versus ADDITIONAL DISTRICT JUDGE, SAHIWAL — Respondent
| Citation | 2010 PLP 88 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | GHULAM RASOOL — Petitioner Versus ADDITIONAL DISTRICT JUDGE, SAHIWAL — Respondent |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2010 PLP 88 (MLD)?
This judgment primarily cites: West Pakistan Family Courts Act (XXXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 88 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 88 (MLD) (GHULAM RASOOL — Petitioner Versus ADDITIONAL DISTRICT JUDGE, SAHIWAL — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Siddique Chaudhary for Petitioner.
Headnotes / Summary
S.5, Sched. & S.14
Constitution of Pakistan (1973), Art.199--Constitutional petition
Suit for dissolution of marriage and recovery of dowry articles
Plaintiff/wife filed suit for dissolution of marriage and recovery of dowry articles
Family Court decreed suit for dissolution of marriage and suit for recovery of amount of dowry articles was decreed to the extent of Rs.70,250 only
Plaintiff being dissatisfied, filed appeal and Appellate Court enhanced amount of dowry articles from Rs.70,250 to Rs.2,20,000, which had been assailed by the defendant through constitutional petition
Family Court had erred in law by not granting the decree for a higher amount in spite of the fact that sufficient evidence was available on the record, which error was rightly rectified by the Appellate Court
Both the impugned judgments and decrees on principle were concurrent in nature and misreading of part of the record by the Family Court, stood rectified
No illegality or material irregularity worth-mentioning had even been pointed out
Well-reasoned judgment passed by the Appellate Court could not be interfered with
Constitutional petition was dismissed.
Judgment & Decree
PERVAIZ INAYAT MALIK, J.
The petitioner and respondent No.2 contracted marriage in accordance with Muslim Rites on 10-10-2006, statedly their relations became strained. Resultantly a suit for dissolution of marriage as well as for recovery of dowry articles was filed by respondent No.2 in the Court of learned Judge Family Court Chichawatni, District, Sahiwal which was decreed vide judgment and decree, dated 20-1-2007 to the extent of dissolution of marriage, however, for the recovery of articles of dowry as many as four issues were framed which was partially decreed finally vide judgment and decree, dated 20-9-2007 to the extent of Rs.70,250 only. Being dis satisfied therefrom, the respondent No.2 filed an appeal before the learned Additional District Judge, Sahiwal at Chichawanti, which was allowed vide judgment and decree, dated 6-10-2008 and the decreetal amount regarding articles of dowry was enhanced to the tune of Rs.2,20,000 which has been assailed through constitutional petition.
2. It is inter alia contended that the learned Additional District Judge, proceeded to pass the impugned judgment without applying his judicious mind; that the respondent No.2 did not produce any evidence in support of his contentions that the learned Trial Court, had rightly proceeded to pass the decree in the sum of Rs.70,
250. The learned Additional District Judge, Sahiwal has misred the evidence on record.
3. I have heard the learned counsel for the petitioner at quite some length and with his able assistance have also gone through the entire record.
4. I find that the learned Judge Family Court, Chichawanti erred in law not granting the decree for a higher amount in spite of the fact that sufficient evidence was available on the record, which error was rightly rectified by the learned Additional District Judge. Both the impugned judgments and decrees on principle are of concurrent in nature and the mis-reading of part of the record by the learned Judge Family Court stood rectified. No illegality or material irregularity worth mentioning has even been pointed out. I am not, therefore, inclined to interfere in the well reasoned judgment passed by learned Appellate Court. This petition, therefore, being devoid of any merits is hereby dismissed. H.B.T./G-37/L Petition dismissed.