Law: Constitution of Pakistan, 1973

Section: 199(1)(a)(ii)

Law: Qanun-e-Shahadat Order, 1984

Section:

Summary The Supreme Court allowed the petition partially, setting aside lower courts’ orders only to the extent that a one-kanal plot at Yasrab CNG Pump, Peshawar, was declared part of the dower in favour of respondent No.1. The Court found the Kabeen Nama and the claimed consent/ownership unproved: witnesses failed to establish execution, forensic proof was not sought after denials, and revenue records showed the petitioner (father-in-law) as owner. Other findings and the decree for monetary dower and gold were maintained. Core points Marriage and Kabeen Nama: Parties married in 2009; a Kabeen Nama dated 24.02.2009 allegedly included the plot as dower. Petitioner's denial: Petitioner (father-in-law) denied signing or consenting to include the plot; claimed he, not his son, owned it. Burden of proof: Once denial was made, respondent had to prove execution of the Kabeen Nama by cogent and admissible evidence. Witnesses failed: Marginal witnesses (PW-4 and PW-5) admitted they did not witness signatures; their evidence did not prove execution. No forensic check: Signatures were not subjected to forensic/expert examination despite specific denial. Ownership contradicted: Kabeen Nama claimed the son owned the plot by mutation No.3604 (2003), but revenue evidence (DW-3 Halqa Patwari) and mutation showed the petitioner as recorded owner. No documents were produced to substantiate the son’s ownership. Legal principle: A third person’s property cannot be pledged as dower without that owner’s clear, proven consent. High Court error: The High Court wrongly refused to interfere merely because of concurrent findings, ignoring misreading/non-reading of evidence and legal infirmities. Relief granted: The Supreme Court converted the petition into an appeal and set aside the grant of the one-kanal plot as dower; all other findings (including monetary dower and gold) were left intact. Law and sections  Law / Provision Section / Source Short explanation Application in this case Constitutional writ jurisdiction (certiorari) Article 199(1)(a)(ii) Constitution of Pakistan High Court can issue writs against subordinate courts/tribunals for illegality…