Recovery of Dowry Article 2011 PLD 242 Case Laws, Section 5, Sched. & S.14(2)(c)—Constitution of Pakistan, Art.199—Constitutional petition—Suit for Recovery of Maintenance and dowry articles—Bar on appeal from decree of Family Court—Applicability—Scope—Trial Court decreed the suit—Appellate Court enhanced rate of maintenance upon appeal filed by plaintiff—Defendant contended that judgment of the Appellate Court was result of wrongful exercise of jurisdiction as S.14(2)(c) of the West Pakistan Family Courts Act, 1964 barred appeal from a decree passed by a Family Court awarding maintenance of Rs.1000 or less per month—Validity—Barring clause of S.14 of the West Pakistan Family Courts Act, 1964 operated where decree of maintenance was challenged to dis entitle the decree-holder or reduce the rate of maintenance allowance and the same was not applicable to appeals for enhancement of maintenance—Defendant’s objection to maintainability of appeal was, therefore, misconceived–Strong financial position of defendant had been proved by his gifts to his second wife—Even otherwise, father was legally bound to maintain his children—Appellate Court rightly enhanced the rate of maintenance—Constitutional petition was dismissed accordingly.
Recovery of Dowry Article 2011 PLD 242 Case Laws
