Law: Muslim Family Laws Ordinance, 1961

Section: 5

Law: Family Courts Act, 1964

Section: 5,Schedule

Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 5---Family Courts Act ( XXXV of 1964), S. 5, Sched.---Suit for dissolution of marriage, possession of house in lieu of dower, recovery of maintenance allowance, gold ornaments and dowry articles---Entries of Nikah Nama; evidentiary value--- Scope--- Petitioner/ husband contended that only one room along with veranda of the house was given to the respondent in lieu of dower amount so, two Courts below had wrongly decreed the entire house in her favour/wife contended that the entire house was given to her---Validity---Contents of Column No. 16 of exhibited Nikah Nama clearly showed that entire house with veranda was incorporated in said Nikah Nama---Petitioner admitted the contents of the columns of exhibited Nikah Nama as correct during the cross-examination and stated that in lieu of dower amount of Rs. 100000/-, one house along with verandah and courtyard was given to the respondent, which was then in her possession---Petitioner had never challenged the validity of Nikah Nama before any Court since the date of marriage---Petitioner had not objected the Nikah Nama at the time of its exhibition---Instrument of Nikah Nama was registered under S.5 of the Muslim Family Laws Ordinance, 1961 which had got sanctity under the law and held the status of primary evidence in the matrimonial matters and determined the terms and conditions of the marriages between the parties---Dower was to be paid in consideration of marriage to the wife by the husband and later on he could not deny or refuse the same to his wife unless and until wife waived off the same by herself or was so declared by the competent forum under the law---Documentary evidence in shape of Nikah Nama in matrimonial matters could not be bypassed on the basis of mere oral testimony of husband---No illegality or infirmity having been noticed in the impugned s passed by the two Courts below, constitutional petition was dismissed accordingly. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, JUSTICE:---.--- Petitioner through the present writ petition, called in question the Judgment and decree dated 18.9.2015 passed by learned Additional District…

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