SHAHEEN BIBI vs JEHANZEB S — 2022 MLD 1929 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 1929 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: SHAHEEN BIBI vs JEHANZEB S
Subject matter: Civil
Provisions referred to: S. 5---L; Limitation Act (IX of 1908); Limitation Act

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

SHAHEEN BIBI VS JEHANZEB S.5---Limitation Act (IX of 1908), Art. 108---Recovery of prompt dower---Limitation---Concurrent findings of two Courts below---Petitioner / plaintiff sought recovery of jewelry and house given to her as dower, from her in-laws---Validity---Limitation for filing suit for recovery of prompt dower was three years under Islamic Law from the date when the same was demanded and refused--- In case of no such demand during continuance of marriage till its dissolution either by death or divorce was made, then Art. 103 of Limitation Act, 1908, would come into play, which also provided for three years limitation time--- Petitioner / plaintiff handed over gold ornaments to wife of her brother-in-law at the time of his marriage---Petitioner / plaintiff did not have any proof in such regard nor she had lodged any report---Petitioner / plaintiff could have filed suit for recovery against wife of her brother-in-law, if at all she was denying to return gold ornaments to her---No family suit could be filed against in-laws of petitioner / plaintiff having no concern with her alleged dower---High Court declined to interfere in judgments and decrees passed by two Courts below as no misreading or non-reading was committed nor there was any jurisdictional error---Constitutional petition was dismissed, in circumstances. Head NotesCase Description

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