Law: Constitution of Pakistan, 1973

Section: 199

Pardanashin lady-Dower---Transactions with Pardanashin ladies---Need for abundant care and caution ---Pardanashin lady allegedly executing deed relinquishing her dower debt---Proof- --Requirements---Perusal of oral evidence examined by defendant (husband) indicated that none of the marginal witnesses of such deed previously knew plaintiff (wife) and had come to know about her for the first time when she allegedly executed document in question ---Both marginal witnesses admitted that none of close relatives of plaintiff accompanied her at the time of execution of said document---Plaintiff being Pardanashin lady, law required abundant caution to be exercised while dealing with her regarding such transaction---No justification was pointed out that while , giving permission to her husband for taking second wife, instead of receiving something in lieu thereof, she would relinquish her right of debt, which was available to her as per Nikah deed--�Plaintiff had denied execution of document and also relinquishment of Dower amount, therefore, some unimpeachable evidence should have been brought on record to show that plaintiff had entered into alleged transaction voluntarily or had actually signed or thumb-marked relinquishment deed---Even no attempt was made by defendant to get alleged signatures of plaintiff examined through expert or alleged thumb-impression of plaintiff identified from experts of Finger Print Bureau---Statement of defendant showed that none of relatives of plaintiff accompanied her at the time of execution of document in question---Defendant had two stories regarding dower money viz. that he had paid specified amount to plaintiff which was returned to him.subsequently and that plaintiff while giving permission to him for re-marrying had also agreed to replenish dower amount--�Such stories were mutually destructive and highly incredible---Evidence of detettdant anc his witnesses relating to genuineness of document in question way contradictory---No lacuna having been found in s and decrees passed by Courts below, no interference was warranted in concurrent findings of Courts below in circumstances-'-Constitution of Pakistan (1973),…