Law: Muslim Family Laws Ordinance, 1961

Section: 5

Law: Family Courts Act, 1964

Section: 5,Sched

Law: Constitution of Pakistan, 1973

Section: 199

Law: Qanun-e-Shahadat (10 of 1984)

Section: 85(5)

(a) Muslim Family Laws Ordinance (VIII of 1961) S. 5 Qanun e Shahadat (10 of 1984), Art. 85(5) Registered Nikahnama, when to be treated as a public document Registered document was a public document under Art.85(5) of Qanun e Shahadat, 1984 provided execution of same was not disputed Where execution of Nikahnama was disputed same could not be treated as a public document. (b) Muhammadan Law Marriage Proof Declaration by a man and woman that they were married and were husband and wife was enough to support the plea of a valid marriage. (c) West Pakistan Family Courts Act (XXXV. of 1964) S.5 & Sched. Constitution of Pakistan (1973), Art. 199 Constitutional petition Suit for jactitation of marriage Onus to prove Such suit was filed by the female against the man Trial Court decreed the suit, while the Lower Appellate Court allowed the appeal and dismissed the suit Validity Lower Appellate Court misread the evidence on record in oblivion of the fact that onus to prove that the female was his legally wedded wife was on the person claiming to be her husband and as such misdirected itself while reversing the and decree of the Trial Court Judgment and decree of the Lower Appellate Court was without lawful authority and the same was set aside. THIS JUDGMENT PASSED BY: MAULVI ANWARUL HAQ, JUSTICE---.--- On 11 10 1994, the petitioner filed a suit for jactitation of Marriage. In the plaint she stated that she was married to Yasin on 21 11 1983 and bore three children to him who are alive and she is living with her husband alongwith her children; that the respondent No.2 fabricated two Nikah Namas on 20 2 1989 and 21 2 1989; she specifically stated in the plaint that she had not executed the said Nikah Namas and she did not affix her signatures or thumb impression on the same; that on the basis of Nikah Nama, dated 21 2 1989 the respondent No.2 got a case registered against the petitioner, her husband and two other persons under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979; she also stated that a decree for Restitution of Conjugal Rights was also procured fraudulently on 8 11 1990 as also a suit for Dissolution of Marriage was…

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