NASIR MEHMOOD vs ADDITIONAL DISTRICT JUDGE, ISLAMABAD-WEST Ss — 2023 CLC 350 ISLAMABAD

Case information

Citation: 2023 CLC 350 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: CLC
Parties: NASIR MEHMOOD vs ADDITIONAL DISTRICT JUDGE, ISLAMABAD-WEST Ss
Subject matter: Family
Provisions referred to: S. 5; S. 10; Family Courts 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

NASIR MEHMOOD VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD-WEST Ss.5, Sched. & 10---Suit for dissolution of marriage---Return of dower---Scope---Petitioner/husband assailed the order passed by courts below whereby respondent/wife was allowed to retain half of the dower and return the remaining half as consideration for 'khula'---Validity---Wife had admitted during the course of cross-examination that she herself had left her husband's house and that she had turned down the efforts of the husband and the mother for reconciliation---Reliance of Family Court on the 'reciprocal benefits' was an excessive exercise of jurisdiction bordering on largesse uncalled for in the circumstances of the case---Constitutional petition was allowed and the wife was directed to return the entire dower to the husband. Citation Name: 2023 CLC 350 ISLAMABADBookmark this Case NASIR MEHMOOD VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD-WEST S.5, Sched.---Suit for return of dowry articles---Failure to produce receipts of purchase---Scope---Dowry articles ordered to be returned by the Family Court is not to be interfered with by questioning the failure of the wife to produce receipts of purchase or a later objection of the husband to the dowery list. Citation Name: 2023 CLC 350 ISLAMABADBookmark this Case NASIR MEHMOOD VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD-WEST S.10(4)---Khula---Return of dower---Scope---Mandatory for the wife to return the dower on the basis of 'khula' under S.10(4) of the Family Courts Act, 1964.

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