MUHAMMAD IMAM-UD-DIN vs Mst — 2021 CLC 911 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 911 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: MUHAMMAD IMAM-UD-DIN vs Mst
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD IMAM-UD-DIN VS Mst. SAIRA BANO Ss.5, Sched. & 17---Qanun-e-Shahadat (10 of 1984), Art. 163---Suit for recovery of dowry articles---Provisions of Qanun-e-Shahadat, 1984 and Code of Civil Procedure, 1908 not to apply---Acceptance or denial of claim on oath---Scope---Plaintiff filed suit for recovery of dowry articles against the defendant---Defendant instead of contesting the suit filed application making an offer of taking special oath with regard to return of articles by him to the plaintiff---Offer of special oath was accepted by the plaintiff and in that respect the statement was recorded by the Trial Court---Suit filed by plaintiff was decreed and appeal filed against the same was also dismissed---Validity---Provisions of Qanun-e-Shahadat, 1984, were not applicable to Family Court's proceedings---Family Court could regulate its own procedure and was not bound by the rigors of Qanun-e-Shahadat, 1984, but Family Court was not barred from settlement of the dispute on special oath---Subsequent objection of the defendant that it was in violation of Art.163 of Qanun-e-Shahadat, 1984, was not tenable---Constitutional petition was dismissed.

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