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2012 SCMR 641

TARIQ SAEED vs IFRA NAZ and others

Petitioner: TARIQ SAEED VS Respondent: IFRA NAZ and others

Court: Supreme Court of Pakistan Decision Date: 2012-02-23

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Mian Saqib Nisar, Tasaddaq Hussain Jillani Title: TARIQ SAEED vs IFRA NAZ and others Case No.:Civil Petitions Nos. 957-L and 958-L of 2011 Writ Petitions Nos. 6759-F of

2005 and 34-F of 2006 Date of Judgment:2012-02-23 Reported As: 2012 SCMR 641 Result: Leave granted Judgment ORDER TASSADUQ HUSSAIN JILLANI, J.---Inter alia contends that the judgments of the Courts below are at variance and the learned High Court without adverting to the evidence on record decreed the suit for recovery of dowry articles; that the Court also did not keep in view the law laid down by this Court with regard to actionable claims in the context of the Schedule attached with the Family Law Ordinance; that the learned Court while decreeing the suit for institution of conjugal rights and directing that respondent Mst. Ifra Naz is entitled to a maintenance amount of Rs,5,000 per month till she rejoins the petitioner husband did not appreciate that as per her own statement she was no longer wife of the petitioner and that she stood divorced. 2. Having heard learned counsel for the parties at some length, leave is granted inter alia to consider the issues raised. In the meanwhile, the executing proceedings qua the recovery of the maintenance amount granted to the respondent wife and the recovery of dower amount shall remain stayed, however, this shall be subject to petitioner's depositing the dower amount before the learned Executing Court and the rent of the properties, subject matter of these petitions, shall also be deposited with the learned Executing Court. As these are family matters, office is directed to fix the main appeals within six months.

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