Recovery of Dowry Article 2013 PLD 194 Case Laws, Section 5, Sched.—Penal Code (XLV of 1860), Ss.193, 468 & 220—Criminal Procedure Code (V of 1898), Ss.195, 476 & 476-A—Constitution of Pakistan, Art.199—Constitutional petition—Perjury—Cognizance, taking of —During proceedings in suit for recovery of dowry articles filed by wife, husband relied upon certain receipts of gold ornaments which the jeweler denied to have issued—Wife filed application for initiation of proceedings against husband for giving false evidence before Family Court—Family Court as well as Lower Appellant Court declined to initiate proceedings of perjury against husband—Validity—Family Court was categorized as Civil Court, empowered to record evidence, thus Family Court being Civil Court could take cognizance under Ss.195 and 476, Cr.P.C. which provisions were a check on litigant and parties—Such provisions armed the courts with authority to commit any person who had misled court by producing perjured evidence—Courts exercising civil, criminal or revenue jurisdiction were competent to try of fence punishable under numerous provisions of Penal Code, 1860, enumerated therein including S.193, P.P.C. (punishment for giving false evidence), when such of fence was alleged to have been committed in or in relation to any proceedings in any court which was competent to take cognizance—When any person dared to give false evidence in any court competent to record evidence, would expose himself to be committed for perjury—High Court set aside orders passed by Family Court and Lower Appellate Court and application under Ss.193/468/220, P.P.C. filed by wife was granted—High Court directed the Family Court to take cognizance of the of fence, try the same itself an/or forward the same to the court having jurisdiction in terms of S.476-A, Cr.P.C.—Petition was allowed accordingly.petition was dismissed accordingly.
Lawkidunya
16/12/2024
