Recovery of Dowry Article 2011 PLD 579 LHC Case Laws, Section 5, Sched. & S.17—Civil Procedure Code (V of 1908), S.11 & O.XXIII, R.1—Constitution of Pakistan, Art.199—Constitutional petition—Suit for recovery of dowry articles including gold ornaments—Withdrawal of claim for gold ornaments given to plaintiff as marriage gift by defendant. finding mention in Column No.17 of Nikahnama far realizing same not to be recoverable as part of dowry —Filing of separate fresh suit for recovery of ornaments—Defendant’s plea that fresh suit for ornaments was not maintainable for being barred by Section 11 CPC as claim made therein had been withdrawn earlier unconditionally—Suit for ornaments decreed by Family Court dismissed by Appellate Court—Validity—Provisions of CPC except Ss.10 & 11 thereof would not apply to proceedings before Family Court by virtue of S.17 of West Pakistan Family Courts Act, 1964—Res-Judicata would not apply to earlier suit for having been withdrawn, but not decided—Such ornaments for being bridal gift had become personal property of plaintiff, thus, was recoverable by her through such suit—High Court set aside impugned judgment/ decree and restored that passed by, Family Court in circumstances.
Lawkidunya
16/12/2024
