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Dismissal of suit by Courts below - Lawyers of Pakistan

Dismissal of suit by Courts below

Citation Name : 2008 MLD 1692 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Mst. SHAH JAHAN
Side Opponent : ADDITIONAL DISTRICT J14DGE, RAWALPINDI
S. 5 & Sched.---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Suit for recovery of past maintenance and gifted articles---Dismissal of suit by Courts below---Validity---Jewelry given to wife as gift by husband was mentioned in Cl. 17 of Nikahnama---Evidence on record showed that husband used to beat wife habitually as a result of which she had to undergo for abortion ---Reconciliation efforts could not succeed due to resistance by husband and his family---Wife while going to hospital for abortion having pain in abdomen because of beating by her husband could not be believed to have taken along with her gold ornaments---Husband had not informed his wife's parents of her admission in Hospital for abortion ---Going of wife to her parents' house after abortion was normal, but she had not been allowed to come back to her abode by her husband or his parents---Evidence on record did not support husband's claim that jewelry was still with his wife---Wife had not left her husband at her option, rather husband had deserted her---Gross injustice had been caused as a result of non-reading and misreading of evidence by Courts below---High Court set aside impugned judgments and directed husband to hand over jewelry or its price to his wife within specified time and also to pay her maintenance till date of passing of judgment by Family Court, and after that, if she did not opt to perform conjugal rights, then she would not be entitled to any maintenance.

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