Law: Family Courts Act, 1964

Section: 5

(a) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Suit for recovery of dower---Entries made in nikahnama---Presumption of truth---Scope---Husband contracted second marriage without first wife's consent---Claim of first wife for maintenance, dower and return of dowry articles---Wife produced nikahnama and kabin-nama which showed that the husband, at the time of nikah, had committed and agreed to transfer certain share of the suit house and give gold ornaments to the wife in lieu of dower amount---Plaintiff wife had established her case through examination of marginal witnesses of nikahnama as well as kabin-nama---Held, when the husband gave immovable property as dower and it was incorporated in the nikahnama, such property became property of the wife---Entries incorporated in the nikahnama were equated to a registered deed---Strong presumption of truth was attached to entries made in the nikahnama---Wife was entitled to the award of decree, in circumstances---Constitutional petition filed against the decree passed by the courts below was dismissed. Mst. Ishrat Bano v. Noor Hussain and 2 others 2010 YLR 2452; Nazish Ishaq and another v. Additional District Judge Liaquatpur and 3 others 2013 YLR 1118; Mst. Nabeela Shaheen and others v. Zia Wazeer Bhatti and others PLD 2015 Lah. 88; Mst. Kanizan Begum v. Additional District Judge, Layyah and 2 others 2014 MLD 1479; Dr. Asma Ali v. Masood Sajjad and others PLD 2011 SC 221 and Ashiq Ali and others v. Mst. Zamir Fatima and others PLD 2004 SC 10 ref. (b) Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Suit for recovery of dowry articles---Scope---Husband contracted second marriage without consent of first wife---Wife claimed maintenance, dower and return of dowry articles---Evidence led by wife in order to substantiate her claim of dowry articles was sufficient as she had appeared before the Trial Court and had also produced other witnesses who were subjected to lengthy cross-examination but they had remained consistent on material points---List of dowry articles was attached and duly exhibited in evidence, which consisted of routine articles and under no circumstances could be termed as…

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