Law: Muslim Family Laws Ordinance, 1961

Section: 9

Law: Constitution of Pakistan, 1973

Section: 199

Muslim Family Law Ordinance, 1961 (VIII of 1961)-- ----S. 9--Constitution of Pakistan, 1973, Art. 199--Suit for recovery of dower--Decreed--Appeal--Partly allowed--Recovery of plot as dower corporated in Column No. 6 of Nikah Nama--Strong presumption of truth--Entries of Nikah-Nama were notchallenged during evidence--Jurisdiction--Challenge to--It is well settled law that men can but documents cannot tell a lie. From the copy of 'Nikah Nama' Exh.P 1, claim of petitioner for recovery of 4-Marla land or in alternate its market price is fully established. Copy of 'Nikah Nama' is a public document and as such does not require any formal proof and strong presumption or truth is, attached to entries made in 'Nikah Nama'--Learned appellate Court has misread the evidence on this issue. In Exh.P1, the respondent in explicit terms has mentioned that landed property would be transferred in favour of bride as Haq-ul-Mehr, thus no scholarly interpretation of entries in Column No. 16 is needed--Findings of learned Additional District Judge, Mailsi are against law and as such not sustainable. Consequently, this writ petition is allowed and the impugned and decree passed by learned Additional District Judge, Mailsi being without jurisdiction and having no legal effect is set aside and the and decree passed by learned Judge Family Court, Mailsi is restored and petitioner would be entitled to recover 'Haq-ul-Mehr mentioned in Column No. 1 0 of 'Nikah Nama' Exh.P 1--Petition was allowed. 2002 SCMR 1408, PLD 2015 Lah. 88 & 2016 MLD 925, Ref. THIS JUDGMENT DELIVERED BY: MUJAHID MUSTAQEEM AHMED, JUSTICE---.--- By filing this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the judgment and decree dated 11.01.2016, passed by learned Additional District Judge, Mailsi by which appeal of Muhammad Shoib-Respondent No. 3 (respondent) was partly allowed and suit of present petitioner to the extent of recovery of dower stood dismissed. 2. The pithy fetes of the family obligation culminating into this writ petition and necessary for its fair adjudication are that 'Nikah' and marriage of petitioner and respondent was…

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