Husband can file suit for recovery of gold ornaments which were given to the wife-defendant as part of dower---Said dower had been mentioned in the Nikah Nama.

 2015 CLC 808

Husband can file suit for recovery of gold ornaments which were given to the wife-defendant as part of dower---Said dower had been mentioned in the Nikah Nama.

S. 5, Sched & S.10(4)---Constitution of Pakistan, Art.199---Constitutional petition---Dissolution of marriage on the basis of khula ---Suit for recovery of gold ornaments by husband given at the time of marriage---Scope---Husband's suit for recovery of gold ornaments was decreed by the Family Court but Appellate Court returned the plaint for presenting the same before civil court---Validity---Husband filed suit for recovery of gold ornaments which were given to the wife-defendant as part of dower---Said dower had been mentioned in the Nikah Nama---Suit for dissolution of marriage on ground of khula filed by the wife-defendant was decreed under S.10(4) of West Pakistan Family Courts Act, 1964---Wife-defendant was required to return Haq Mehr to the husband-plaintiff which she had received at the time of Nikah---Issues which had arisen between the parties to a marriage and all matters which would fall under the Schedule of West Pakistan Family Courts Act, 1964 could be adjudicated upon by the Family Court---West Pakistan Family Courts Act, 1964 did not restrict that only claim of dower filed by the wife could be entertained by the Family Court---Present suit was rightly filed before the Family Court and was rightly adjudicated upon by the said court---Appellate Court was wrong to hold that husband could not file suit for return of gold ornaments before the Family Court---Impugned judgment and decree passed by the Appellate Court were set aside ---Appeal filed before the Appellate Court was to be deemed to be pending which should be decided within a specified period---