2023 MLD 279
Suit for recovery of dower --- Jirga decision , validity of --- Scope --- Petitioner filed suit for recovery of dower in the shape of gold ornaments and maintenance for the period of iddat --- Trial Court decreed the suit whereas Appellate Court dismissed the suit to the extent of dower and decreed the same to the extent of maintenance allowance --- Validity --- Jirga proceedings were the bone of contention between the parties --- Petitioner had alleged that no gold ornaments in lieu of dower were given to her while , on the contrary , respondent had claimed that all issues were settled in the jirga --- One of the attesting witnesses of jirga proceedings had supported the petitioner by stating that no ornaments were given to the petitioner pursuant to the jirga proceedings rather only an amount of Rs . 1 lac had been paid to her --- Respondent was required to prove the contents of affidavit signed during jirga proceedings by producing at least two marginal witnesses of the document but no such efforts were made --- Settlement through the intervention of members of the locality was not approved by any court of law , therefore , it could not be said that the petitioner was bound by its terms and conditions as a force of law nor she was compelled to do so --- Constitutional petition was allowed , judgment and decree passed by Appellate Court set aside and that of Trial Court was restored , in circumstances .
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