Law:

Section:

(a) Azad Jammu and Kashmir Family Courts Act, 1994-------5. S & Sched.---Two ,suits for restitution of conjugal rights were filed before Family Judge regarding .one female---Suit of appellant was dismissed and that of respondent decreed---Trial Court had laid much emphasis on statement of female, while female had been changing her version from time to time---Validity---Where there were two claimants of one female and she at one time favoured one claimant and at the other time supported the version of the other, controversy as to whom she was married in accordance with Islamic Law could only be resolved by having resort to rest of evidence on record---Presence of the female was neither established at place where respondent stated to have performed Nikah, nor her identity was proved through evidence---Father of female was also not proved to be present at the house where Nikah was allegedly performed with respondent---Respondent even failed to establish consent of female and execution of "Nikahnama" in accordance with law---Appellant- had produced father of female and "Nikah Khawan" who knew the female personally and in addition the appellant had produced an attested copy of statement of female recorded in the High Court in favour of appellant and an attested copy of written reply of female filed in Trial Court wherein she had accepted appellant as her husband ---Effect---Nikahnama presented by respondent was declared to be a fake document in circumstances. (b) Muhammadan law--- ---- Valid marriage---Essentials---Offer and acceptance by or on behalf of two sane Muslim adults of opposite sex in the presence of witnesses to marry each other---Offer and acceptance is permissible through a "Wakeel" by female if she does not want to appear in assembly---Dower is also a necessary concomitant of a contract of marriage. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 79---Execution of document---Proof---Where witnesses had only spoken of putting their own signatures on the Nikahnama and did not testify the fact that the executant (female) had put her thumb-impression out of her free will and consent in their presence, execution of'said document (Nikahnama) could only be…

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