Mst. NIMRA SHEIKH vs MUHAMMAD UMAIR SIDDIQUI Ss — 2025 CLC 937 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 937 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: Mst. NIMRA SHEIKH vs MUHAMMAD UMAIR SIDDIQUI Ss
Subject matter: Criminal
Provisions referred to: S. 5; Family Courts Act (XXXV of 1964); Sched---Civil Procedure Code (V of 1908)

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

Mst. NIMRA SHEIKH VS MUHAMMAD UMAIR SIDDIQUI Ss. 2(a), 2(e) & 5---Family Courts Act (XXXV of 1964), S. 5, Sched---Civil Procedure Code (V of 1908), O.XIV, R.1(2)---Barri/bridal gifts----Belongings of the bride---Suit for recovery of Barri/bridal gifts given to the petitioner/bride by the respondent/bridegroom and his parents at the time of marriage was instituted by the bridegroom---Bride raised a preliminary objection as to maintainability of the suit on the ground that barri/gift articles were the exclusive property of the bride in addition to her dowry articles by operation of law---Family Court rejected the objection while observing that framing of issues and recording of evidence was required for resolving the matter---Validity---Law on the point that the claimed property/articles unconditionally and absolutely vested in the petitioner was unambiguous and settled---Issues ought to be framed when a material proposition of fact or law is affirmed by one party and denied by the other---Facts in the suit were based on recovery of those articles that as per law could not be recovered by the claimant and absolutely belonged to the bride---No proposition was set-up in the suit that amounted to material proposition of law and fact, requiring determination or settlement---Claim in the suit was against the settled law and its existence on the docket was not just fruitless rather wastage of time and continuation of the same would operate as oppressive and vexatious to the bride---Constitutional petition was allowed, in circumstances.

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