Law: Constitution of Pakistan

Section: 199

Law: Qanun-e-Shahadat Order, 1984

Section:

Law: Muslim Family Laws Ordinance, 1961

Section:

Law: Family Courts Act, 1964

Section:

 SUMMARY

In this judgment by Muhammad Sajid Mehmood Sethi, the petitioner challenged concurrent findings of Family and Appellate Courts which had decreed recovery of dower in favor of the wife. The husband admitted his signatures on the Nikahnama but alleged that entries regarding silver and gold were fictitious.

The Court held that:

• Nikahnama is a public document carrying presumption of correctness.
• Once execution is admitted, burden shifts to husband to disprove entries.
• Dower can be composite (cash + ornaments) and each component is independently recoverable.
• Mention of value (Rs. 500,000) for gold is only indicative, not a substitute.

Relying on Mst. Fakhra Jabeen v. Wasif Ali, the Court concluded that 10 tolas gold is an enforceable obligation, and if not delivered, its market value at execution stage is recoverable.