Case Details

Citation(s)
2004 SLG 2900 2004 SLD 2900 2004 PLD 746
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 3873-L of 2001, decided on 15th July, 2004. (On appeal from judgment dated 25-10-2001, passed, by the Lahore High Court, Lahore, in Writ Petition No. 19061 of 2000).
MIAN MUHAMMAD AJMAL AND SYED DEEDAR HUSSAIN SHAH, JJ
Ch. Muhammad Ashraf Wahlah, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner. Ms. Itttrana Baloch, Advocate Supreme Court with C.M. Latif, Advocate-on-Record for
Respondents

AMEER ALI KHAN

VS

KISHWAR BASHIR and another--Respondents

Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.-u-Constitution of Pakistan (1973), Att,185(3)---. Payment of dower money---Contention of the wife was that tit the tithe of Nikah an amount of ks;50G was fixed as dower but the husband through an agreement dated 20-3-1994 enhanced the dower to, Rs.One million in presence of the witnesses; that he divorced her on 10-12-1998, therefore she had filed a suit for recovery of Rs.One Million as dower money-­Husband-on the other hand had contended that the lady had prepared a forged/ fictitious agreement; that the High Court without appreciation of facts and law had dismissed his Constitutional petition; that lady being a greedy woman, had prepared a forged agreement in order to receive a sum of Rs.One million from him and that the of the High Court was not in consonance with law---Validity--- Document/agreement in question was properly proved by the witnesses of the lady, therefore her suit was decreed by the Trial Court and the appeal of the man was dismissed by District Judge---Signature of the man on his Identity Card matched with the signature on the disputed agreement, which were similar and signed in the same handwriting---Man had, neither categorically denied the agreement nor had raised specific allegations of fraud or forgery---High Court as an abundant caution itself examined the signatures on the disputed document and identity card and had found the both to be similar---Man, in his cross-examination had admitted that he had means and was able to pay Rs. One million, therefore, the amount could not even be termed unreasonable---Judgment of the High Court was in consonance with the law and there was no misreading, or non­reading of the material or jurisdictional error---Petition for leave to appeal was dismissed. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Petitioner seeks leave to appeal against judgment dated 25-10-2001, passed by the Lahore High Court, Lahore in Writ Petition No..19061 of 2000. 2. Briefly stated the facts of the case are that a suit for recovery of Rs.10,00,000, as dower, was filed by respondent No.1 against the petitioner on 15-12-1998, wherein she stated that she was…
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