Once claim for recovery of bridal gifts waived can not be claimed afterward

2016 MLD 242 LAHORE

SHAMIM AKHTAR VS DISTRICT JUDGE

PLD 2007 Lah. 515, PLD 2011 SC 260

Constitutional petition--TERM , West Pakistan Family Court Act 1964--5 , West Pakistan Family Court Act 1964--7 , West Pakistan Family Court Act 1964—
Ss. 5, Sched. & 7(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of bridal gifts---Wife filed a suit for recovery of bridal gifts which was decreed partially by the Family Court but same was dismissed by the Appellate Court---Validity---Wife had instituted a suit for recovery of maintenance allowance, expenses of delivery of minor and dowry articles against husband prior to filing of present suit---Wife had not mentioned details of bridal gifts allegedly in possession of husband in the said suit---Bridal gifts would fall within the ambit of "personal property" and belongings of wife which would confer exclusive jurisdiction upon the Family Court to hear the claim of such matters--- Plaint for dissolution of marriage might contain all claims with regard to dowry, maintenance, dower, personal property and belongings of wife, custody of children and visitation rights of parents to meet their children---No bridal gift was in the possession of husband, as if any such gift was in his possession, wife would have claimed recovery of the same at the time of filing of earlier suit---Wife had intentionally relinquished her claim for recovery of bridal gifts, if any, at the time of filing of earlier suit----- Appellate Court had rightly formulated the opinion that claim of wife with regard to recovery of bridal gifts appeared to be an afterthought---No legal infirmity, jurisdictional error or perversity was found in the impugned judgment and decree passed by the Appellate Court---Constitutional petition was dismissed in limine.

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