S. 5, Sched. & S. 7(2)---suit for dissolution of marriage and recovery of dowry articles, dower and maintenance allowance---Khula, announcement of-

 Citation Name: 2020 MLD 554

PESHAWAR-HIGH-COURTBookmark this Case
ISLAM GUL VS Mst. NALEEM

S. 5, Sched. & S. 7(2)---suit for dissolution of marriage and recovery of dowry articles, dower and maintenance allowance---Khula, announcement of---Procedure---Additional evidence, production of---Scope---Family Court decreed the suit against which appeal was filed wherein appellant moved an application for additional evidence but same was dismissed---Validity---Wife at her own could not announce or award khula---Family Court could dissolve marriage on the basis of khula on the request of wife---Family Court could not allow additional evidence or add names of witnesses in the schedule of witnesses---Parties with the permission of Court could call any witness at any later stage if Court considered such evidence expedient in the interest of justice---Family Court or Appellate Court could not re-open schedule of witnesses submitted by the parties---Defendant (husband) remained silent during the trial of case despite ample opportunity to produce any witness in his defence---Defendant had neglected his wife and had entered into second marriage---Father of plaintiff was businessman and delivery of dowry articles as per list annexed with the plaint could not be denied---Nothing was on record that plaintiff had taken back the dowry articles---Courts below had rightly appreciated the evidence produced by the parties and arrived at proper conclusions while passing the impugned judgments and decrees---No jurisdictional error had been pointed out in the impugned judgments and decrees passed by the Courts below---Constitutional petition was dismissed, in circumstances.

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