Law: Constitution of Pakistan, 1973

Section: 199

Law: Qanun-e-Shahadat (10 of 1984)

Section: 73

Law: Muslim Family Laws Ordinance, 1961

Section: 7,8,9,10,11

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Muslim Family Laws Ordinance, 1961, Ss. 7, 8, 9, 10 &, 11--Suit for recovery of dower and maintainance--Dismissed--Appeal--Dismissed--Concurrent finding--Existence of marriage--Requirements of registration of marriage--Onus to prove--Public acknowledgement--Challenge to--Petitioner neither brought any evidence to that effect nor any witness has been produced, even there was not a single stance brought on record through which it could be presumed that petitioner and Respondent No. 1 ever lived together as husband and wife--It is trite law that onus, in such type of cases, is upon a person who intends to prove relationship and all such relationships could be proved by way of documentary evidence or through witnesses, which lacks in this case--Controversy involved in case in hand discloses miseries of society, in which people by adopting rebellious attitude towards social norms are entering into obscured relationships/marriages for their own motivated reasons, but in my humble view, such kind of bond could not be called as marriage for reason that it lacks public acknowledgment--Petitioner has failed to discharge onus to prove factum of Nikah and concurrent findings of both Courts below are correct to that extent--Petition was dismissed. THIS JUDGMENT DELIVERED BY: MOHSIN AKHTAR KAYANI, JUSTICE---.--- Through this writ petition, the petitioner has assailed the concurrent findings of learned Additional District Judge (West), Islamabad and learned Family Judge (West), Islamabad, passed vide orders dated 08.06.2018 and 20.01.2016, respectively, whereby appeal and suit filed by petitioner have been dismissed. 2. Brief facts referred in the instant matter are that petitioner filed suit for recovery of dower and maintenance at the rate of Rs.500,000/- per month from December, 2012 with the contentions that she tied the knot with Respondent No. 1 in July, 2012, whereby Respondent No. 1 promised to give the petitioner Rs.500,000/- as maintenance per month, half of his properties, outcome of his businesses, other properties and shares from all the companies, whereafter they lived together till…

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