SYED HAMID ALI SHAH, J.---The petitioner through filing the instant petition, has called in question the judgments and decrees of the two Courts below, whereby the suit of the respondent for recovery of dowry articles was decreed on 14-4-2007, by the trial Court and appeal of the petitioner was dismissed by the appellate Court, affirming the decision of the Judge. Family Court vide judgment and decree, dated 3-10-2001.
2. The petitioner mainly assailed the judgments on the ground that the parties are Christian, by faith and the provisions of Muslim Family Law Ordinance, 1961 are not applicable. The dispute inter se the petitioner and the respondent, is regarding the dowry articles and the matter under reference falls within the provisions of West Pakistan Family Courts Act, 1964. The provisions of the Act, 1964 are independent, operate in different field and have different scope. The Act does not contain anything to suggest that it inapplicable to inapplicable to Christians.
3. The parties, after arguing this case at some length, have reached the following consensus:--
(i) Petitioner concedes to the jurisdiction of the Courts, established under the Family Courts Act, 1964;
(ii) The petitioner will deliver articles of dowry as per Exh.P-1;
(iii) Petitioner's failure to deliver article as per the list, the thereof will be paid by him;
(iv) The question of gold ornaments will be resolved on oath on Holy Testament {{URDU TEXT}} The respondent, if takes oath that gold ornaments, have not been delivered, the petitioner will return the gold ornaments or value thereof; and The parties will appear before Mr. Hafeez-ur-Rehman, Judge, Family Court or his successor for the delivery of articles of dower and determination of delivery of gold ornaments.