ADEEL MANZAR vs Mst — 2025 CLC 1030 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 1030 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: ADEEL MANZAR vs Mst
Subject matter: Criminal
Provisions referred to: S. 5

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

ADEEL MANZAR VS Mst. NAEEM AKHTAR First Sched., arts. 103 & 104---Family Courts act ( XXXV of 1964), S. 5, Sched.---Suit for recovery of dower filed by widow---Limitation---appellate Court concluded that the suit filed by lady was within time when during life of the deceased no demand and refusal took place---Validity---Record revealed that suit had been instituted after about six years of death of husband of the lady/plaintiff---Whereas, for filing such suit , limitation is three years having been provided under arts. 103 and 104 of Limitation act,1908, for exigible dower (mu'ajjal) and for deferred dower (mu'wajjal) respectively---When the said arts. (103 and 104) were read with contents of the plaint, it became diaphanous that the suit was blatantly barred by limitation but said aspect of the case had wrongly been concluded / adjudicated upon by the appellate Court by referring to first part of the art. 103, but skipped and left the second part of the said art. (103), which enunciated that "when marriage is dissolved by death or divorce", even then the limitation for filing such suit would be 'three years' under art. 104 of the Limitation act, 1908---Thus, the findings recorded by the appellate Court on the point of limitation were not sustainable, therefore, the suit was liable to be dismissed on that score---High Court set-aside impugned judgments and decrees passed by both the Courts below---Constitutional petition, filed by legal heirs ( major/adult siblings of deceased), was allowed, in circumstances.

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