Law: Muslim Family Laws Ordinance, 1961

Section: 5

Muslim Family Laws Ordinance (VIII of 1961)--------   ------ S. S read kith Muslim Family Laws Rules (West Pakistan). 1961, rr. 7 & 10Allegations of interpolation by Nikah Registrar in Nikah Register- Union Council under r. 7(4)- has power to revoke licence and prosecute Registrar - Entries made .by Registrar, however, cannot be corrected by Deputy Commissioner in his capacity as Controlling Authority--Allegation that amount of Rs. 2,000 as dower money was changed to Rs. 20,000 by Nikah Registrar -Determination of dispute, regarding correct amount agreed upon by parties, rests with Civil Court. Date of hearing : 23rd August 1966.   JUDGMENT   A. S. FARUQUI, J.-This petition under Article 98 of the Con stitution challenges the validity of an order passed by the Deputy Commissioner, Dadu, Mr. M. A. Sadiq, C. S. P. on 18-6-64, whereby he ordered that "the Chairman of the Town Committee, Khairpur Nathan Shah should immediately collect the relevant Nikah-Nama forms and make correction in the amount of Hak Mahar as Rs. 2,000 instead of Rs. 20,000."   The facts are these : The petitioner Mst. Hanifa was married to the respondent No. 3 Ali Anwer on 18-10-62 at Khairpur Nathan Shah; District Dadu. According to her the dower amount was fined at Rs. 20,000. It appears that the husband Ali Anwer moved the authorities alleging that the dower which in fact had been fixed was Rs. 2,000 and that the Registrar of Nikah in collusion with the wife's party has increased it to Rs. 20,000 by interpolating the entry in the register. Thereupon the Deputy Commissioner ordered the Assistant Director of Basic Democracies to hold an inquiry and on his report he passed the order, the operative part of which has been reproduced above. Mst. Hanifa then moved this Court for the quashing of the order and the short contention raised before us by her learned counsel is that this order was without jurisdiction in so far as the Deputy Commissioner had no power to make such an order.   When this petition first came before us we called for a report from the Deputy Commissioner to inform this Court as to under what powers he had passed the impugned order. A…