Citation Name: 2023 CLC 1344 PESHAWAR-HIGH-COURTBookmark this Case SAYYAB KHAN vs Mst

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Citation Name: 2023 CLC 1344 PESHAWAR-HIGH-COURTBookmark this Case SAYYAB KHAN VS Mst. TAYYABA BIBI Ss.5, Sched. & 10(3)---Suit for recovery of dower (gold ornaments)---Recording of statements of the parties during pre-trial reconciliation proceedings---Scope---Decree was passed in favour of respondent/wife for recovery of dower prayed for---Plea of the petitioner/husband was that the Court had recorded his statement at pre-trial proceedings and then wrongly relied on said statement while passing decree regarding dower---Held, that though it was not incumbent upon the Court to record statements, however, S.10(3) of Family Courts Act, 1964 ('the Act 1964') prescribed a procedure to narrow down the controversy between the parties---Words "Court shall ascertain the point at issue between the parties" as envisaged in S.10(3) of the Family Courts Act, 1964, had a much wide implication, therefore, Family Court could adopt any procedure to find out the actual dispute involved in the case---Family Court had to make all-out efforts to effect compromise between the parties to meet the very purpose of expeditious disposal of matrimonial affairs as enumerated in the preamble of the Act 1964---As a result of such efforts if a possibility of amicable solution to the dispute was expected , then Family Court could record the statement of the parties---On the other hand, if such efforts ended in failure the Court would have a clear vision of the controversy---Petitioner/husband made a clean breast of it during statements at reconciliation proceedings that three tolas gold ornaments given as dower were lying with him and after his admission subsequent denial had become meaningless, therefore, the decree of three tolas gold ornaments was rightly awarded against him---Constitutional petition was dismissed, in circumstances. Citation Name: 2023 CLC 1344 PESHAWAR-HIGH-COURTBookmark this Case SAYYAB KHAN VS Mst. TAYYABA BIBI S.5, Sched.---Suit for recovery of dowry articles---Dowry articles, claim of---Proof---Decree was passed in favour of respondent/wife for such (dowery) articles also that she alleged were missing from dowry articles under possession of the petitioner/husband---Held, that in her statement respondent/wife failed to mention anything about the list of articles nor produced /exhibited any list of dowry articles---Bailiff, on the directions of the Court, prepared a list of dowry articles which the wife alleged were missing---Respondent/wife was required to convincingly prove the preparation of those articles, by producing the relevant receipts or the shopkeepers concerned but the record was silent in said regard---Respondent could not establish the missing of any articles, therefore, in absence of any proof she could not be held entitled to the alleged missing dowry articles---High Court set-aside the judgment and decree passed in favour of respondent/wife to the extent of the alleged missing dowry articles---Constitutional petition was partially allowed, in circumstances.

Citation Name: 2023 CLC 1344 PESHAWAR-HIGH-COURTBookmark this Case SAYYAB KHAN vs Mst — 2023 CLC 1344 PESHAWAR-HIGH-COURT

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