Hammad Ali Khan vs Mst — 2024 MLD 1445 LAHORE-HIGH-COURT-LAHORE

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Hammad Ali Khan VS Mst. Sadia Akbar S. 5, Sched.---Constitution of Pakistan Art. 199---Suit for recovery of gold ornament filed by wife---Findings of the Court below, assailing of---Constitutional jurisdiction of the High Court---Scope---Gold ornaments as dower, delivery of---Proof---Appellate Court partially accepted appeal of the respondent/wife filed against judgment and decree of Judge Family Court, holding her entitled to receive 10-tola gold ornaments as a dower---Validity---Sufficient, reliable and unrebutted evidence was available on behalf of the petitioner (defendant/ husband) to prove discharge of his liability regarding payment of claimed dower in shape of 10-tola gold ornaments---Ordinarily, the High Court does not re-examine evidence or disturb findings of fact, however, it can interfere if the findings are based on non-reading or misreading of evidence, erroneous assumptions, misapplication of law, excess or abuse of jurisdiction, and arbitrary exercise of powers--- Thus, the High Court can correct such errors as its constitutional jurisdiction is meant to supervise and serve justice, allowing it to correct any wrongs committed contrary to evidence and the law---In the facts and circumstances the case High Court modified the impugned judgment and decree passed by the Appellate Court to the extent that the respondent (plaintiff/ wife)would not be entitled to recover claimed dower of 10-tola gold ornaments---Constitutional petition, filed by the husband/defendant, was allowed accordingly. Citation Name: 2024 MLD 1445 LAHORE-HIGH-COURT-LAHORE Hammad Ali Khan VS Mst. Sadia Akbar S. 5, Sched. --- Suit for recovery of gold ornament filed by wife ---Gold ornaments as dower---Entitlement and proof---Appellate Court partially accepted appeal of the respondent/wife filed against judgment and decree of Judge Family Court, holding her entitled to receive 10-tola gold ornaments as a dower ---Contention of the petitioner (husband)was that the gold ornaments were given to the respondent/wife by him through his maternal grandfather (whom he produced as a witness) and such handing over was also recorded through (exhibited) photographs, but the same had not been taken into consideration by the Appellate Court---Plea of the respondent/wife was that the petitioner/husband agreed to pay dower in shape of 10-tola gold ornaments as per Nikahnama,which had not been paid so far---Validity---Impugned judgment and decree passed by the Appellate Court revealed that the said Court granted 10-tola gold ornaments to the respondent merely on the basis that the petitioner/husband neither mentioned in his affidavit, exhibited by him in evidence, the factum of delivery of 10- tola gold ornaments to respondent nor the said snapshots were sufficient conclusive proof in that regard---However, record revealed that the respondent (plaintiff/wife) agitated in relevant para of her plaint that her dower fixed in shape of 10-Tola gold ornaments was not yet paid by the petitioner (defendant/husband); in reply thereto, the petitioner assumed a specific defence in his written statement as a preliminary objection that mentioned dower in shape of 10-tola gold ornaments handed over by his maternal grandfather to the respondent in presence of her family members before her rukhsati---Respondent /plaintiff did not bother to produce any of the family members to rebut said stance--- Moreover, said defence of the petitioner fetched support from statement of his (said) maternal grandfather deposing as one of his(petitioner's) witnesses, wherein he deposed absolutely in line with stance of the petitioner /defendant set forth from word go in his written statement---Except formal suggestion, material aspects of statement of said witness (grandfather) were not cross-examined on behalf of the respondent /plaintiff---Grounds based by Appellate Court in the impugned judgment were not justified as parameters of evidence otherwise taken in consideration in other cases as per law laid in the Qanun- e-Shahadat, 1984 did not apply to proceedings before a Family Court---Sufficient, reliable and unrebutted evidence was available on behalf of the petitioner (defendant/ husband) to prove discharge of his liability regarding payment of claimed dower in shape of 10-tola gold ornaments--- High Court modified the impugned judgment and decree passed by the Appellate Court to the extent that the respondent (plaintiff /wife) would not be entitled to recover claimed dower of 10-tola gold ornaments---Constitutional petition filed by the husband/defendant, was allowed accordingly.

Hammad Ali Khan vs Mst — 2024 MLD 1445 LAHORE-HIGH-COURT-LAHORE

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