Under sub-section (4) of section 10 of the Family Courts Act, 1964

2. Briefly the facts of the case are that respondent No.2 instituted a suit for dissolution of marriage, recovery of maintenance, dower amount and dowry articles. The suit was contested by the petitioner by filing a written statement. Pre-trial reconciliation proceedings were conducted and the suit of respondent No.2 for dissolution of marriage was decreed on 28.03.2014 under sub-section (4) of section 10 of the Family Courts Act, 1964 and for the rest of the controversy, the following issues were framed:- 

“1. whether the plaintiff is entitled to recover the maintenance allowance as prayed for? OPP

  2. whether the plaintiff is entitled to recover the dowry articles as per list annexed with the plaint or its alternate value Rs.2,60,975/-? OPP 

  3. whether the plaintiff has no cause of action to file the instant suit? 4. Relief.” 

The parties led their evidence pro and contra to prove their respective contentions. On 16.06.2015 the petitioner was proceeded against ex-parte. The learned trial court vide impugned judgment and decree dated 01.07.2015 decreed the suit of respondent No.2 for dowry articles and she was held entitled to get back dowry articles to the extent of Rs.1,00,000/- as alternate price. Hence this writ petition. 

Part Of Judgment 

IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT 

WP- Family Law

28781-15

2015 LHC 6508