طلائی زیورات/سونا پر جرح کیسے کی جاۓ ، Cross examination on gold ornaments

2023-CLC-143-QUETTA BEHZAD HUSSAIN VS Bibi ANSA Suit for recovery of dowry articles--Term, The Family Courts Act 1964--5, The Family Courts Act 1964--SCHEDULE, S.5, Sched.---Suit for recovery of dowry articles--- Scope---Petitioner assailed judgments and decrees passed by courts below whereby respondent's suit for recovery of dowry articles and maintenance was allowed---Validity---Fact that dowry articles were brought by respondent with her at the house of petitioner had been proved---Gold (Jewellery) receipts were produced and exhibited through representative of the jeweler's shop---Objection that gold receipts pertained to the date before the solemnization of the marriage was not worthy of credit as it was normal practice that often the parents purchased gold ornaments for their children early for upcoming marriage ---Respondent had successfully proved the claim, entitling her for the relief sought pursuant to maintenance and dowry articles as concluded by the Family Judge, endorsed by the appellate court as well ---Constitutional petition was dismissed. The Family Courts Act 1964--17, S.17---Provisions of Qanun-e-Shahadat, 1984 and Code of Civil Procedure, 1908 not to apply---Scope--- Bare reading of S.17 of the Family Courts Act, 1964, clearly heralds the bar contained under Qanun-e-Shahadat, 1984, in stircto sensu as the spirit and design of the Family Courts Act, 1964, is to expeditiously settle and dispose of the family disputes and redress the grievances of the spouse swiftly, avoiding unnecessary technicalities impect the course of justice. Constitution of Pakistan 1973-199, Constitutional Jurisdiction--TERM, Writ of certiorari--Term, Art. 199---Constitutional certiorari ---Scope---While jurisdiction---Writ adjudicating of a constitutional petition of writ of certiorari, High Court shall exercise jurisdiction sparingly and seldom, particularly, when there are concurrent findings of facts rendered by the subordinate courts in original jurisdiction as well as exercising appellate jurisdiction. Constitution of Pakistan 1973--199, Constitutional Jurisdiction--TERM, Art. 199---Constitutional jurisdiction ---Findings of fact---Scope---Constitutional jurisdiction is extraordinary jurisdiction, thus, High Court can neither substitute the evidence recorded by the trial court nor can render opinion regarding quality and advocacy of the evidence as appraisal of the evidence is the task of the trial court, however, the appellate court may see and do reappraisal of the evidence, if the evidence is grossly mis-read, found to be inconsistent with the testimony of the other witnesses or the evidence is found to be shocking and contrary to the pleadings---If the trial and appellate courts after thrashing the factual controversy arrive at the conclusion, then the high Courts are always reluctant to interfere while exercising jurisdiction under Art. 199 of the Constitution, unless compelling reasons are shown, such as mis-reading and non-reading of the evidence visible on record. 2023 CLC 143 ٹرائل کورٹ نے سامان جہیز کے ساتھ سونا بھی ڈگری کر دیا مد عاعلیہ نے اسے چلینج کیا کہ سونا کے رسید پے تاریخ شادی سے پہلے کے ہے ہائی کورٹ نے اپیل خارج کرتے ہوئے کہا کہ والدین عموما بچوں کے شادی کیلئے سونا پہلے سے لیے ہے۔ #advocate #advocates #attorneyatlaw #attorney #court #convicted #highcourt #familylaw #indianlaw