Law: Family Courts Act, 1964

Section: 5,Sched

Law: Constitution of Pakistan, 1973

Section: 199

Law: Muslim Family Laws Ordinance, 1961

Section: 5

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), S.5--- Constitution of Pakistan, Art.199-Constitutional petition-Suit for recovery of dower---Registration of marriage-Interpolation in entries of Nikah Register---Remedy---Presumption of truth attached to duly registered Nikahnama---Scope---Suit filed by petitioner/wife was dismissed by Trial Court and the same was upheld by appellate Court--- Contention of the wife was that both the courts below have misread the . contents of Nikahnama according to which an amount of Rupees Two Lac, Ten tolas gold and house was fixed as dower-- Respondent/husband took the plea that the entries mentioned in Nikahnama were forged, fabricated and manipulated with the connivance of Nikah Registrar---Validity---Nikahnama was a public document which was registered under the provisions of Muslim Family Laws Ordinance, 1961 and as such presumption of truth was attached to the same-According to law, four copies of the Nikahnama were prepared, out of which one was kept by Nikah Registrar, second was sent to the concerned Municipal Corporation or Union Council, third copy was supplied to the bride and the fourth one was given to the bridegroom---Very object behind providing copies to all concerned was that each party could verify the entries in Nikahnama according to the terms of marriage settled between them-If the respondent/husband was of the view that Nikah Registrar had interpolated in the entries of Nikah Register, he could approach the Deputy Commissioner who was the controlling authority and could get the same corrected but he did not bother to avail his remedy against the alleged interpolation in Nikahnama---Both the courts below had wrongly dismissed the suit of the petitioner/wife and she was entitled to recover the same dower amount, gold and a house from the respondent husband as settled between them at the time of Nikah-Constitutional petition was allowed. Muhammad Aslam v. Mst. Suraya PLD 2000 Lah. 355 rel. (b) Muslim Family Laws Ordinance (VIII of 1961)--- ----Ss. 5 & 10---West Pakistan Family Courts Act (XXXV of 1964), S.5, Sched.---Transaction of…

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