| Citation(s) |
|---|
| 1969 SLG 206 1969 SLD 206 1969 PLD 194 |
Supreme Court of Pakistan
Civil Appeal No. 5-P of 1967, decision dated: 18th March 1969.(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 24th June 1966, in Regular First Appeal No. 6 of 1964).
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD AND ABDUS SATTAR, JJ
Sheikh Bashir Ahmad, Senior Advocate Supreme Court (Nasir Ahmad, Advocate Supreme Court with him) instructed by Abdul Samad Khan, Attorney for Appellant. Peer Bakhsh Khan, Advocate Supreme Court instructed by Nazar and Waheed, Attorneys.
Civil Appeal No. 5-P of 1967, decision dated: 18th March 1969.(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 24th June 1966, in Regular First Appeal No. 6 of 1964).
HAMOODUR RAHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD AND ABDUS SATTAR, JJ
Sheikh Bashir Ahmad, Senior Advocate Supreme Court (Nasir Ahmad, Advocate Supreme Court with him) instructed by Abdul Samad Khan, Attorney for Appellant. Peer Bakhsh Khan, Advocate Supreme Court instructed by Nazar and Waheed, Attorneys.
NASIR AHMAD KHAN
VS
Mst. ISMAT JEHAN BEGUM
Law:
Section:
The principle of As-Sum`at recognizes that when a real dower has been fixed privately, but publicly a second dower is fixed in inflated amount for enhancement of the prestige of the family of the bridegroom or for its glorification and the intention was never to enforce the publicly fixed dower then the dower payable is that which was fixed privately. It is stated in Fatawa-i-Alamgiri. " If a man were to marry a woman for a certain sadak (dower) settled privately and announced a large amount in public ( FIL-ILANIA ) the subject assumes two aspects; first when a dower is settled in private, and the parties then enter into the contract (of marriage) in public for a large amount; if the dower agreed to in public is of the same nature (Jins) as that settled privately, the difference being only in respect of the one stated in public being more than the one settled in private, and the parties are agreed in its settlement (viz., the private arrangement), or the man has called evidence to prove against her (the woman) or her guardian (if she be a minor) that the dower was that specified (AL-MUSMA) privately and the larger amount was Sumat` (for glorification), in that case the dower will be that which was settled in private. If, however, they differ as to the amount settled privately, and the man alleges that it was 1,000 (Dirhems) and the woman denies that amount, her allegation will be accepted, and the dower will be that specified in the contract, unless the husband can adduce proof (of his allegation)." Where there is no averment of any privately fixed dower, which is essential for the application of the principle of As-Sum'at, the dower publicly announced and evidenced by a registered deed would be accepted and sections 91 and 92 of the Evidence Act, 1872 would render oral evidence to prove dower to be a fictitious one inadmissible. Muhammadan Law by Syed Ameer Ali, p. 426 and Fatawa-i-Alamgiri ref. JUDGMENT MUHAMMAD YAQUB ALI, J.----This appeal was heard in part on the 4th March 1968, and adjourned sine die to await the decision of the Chief Land Commissioner regarding the validity under Martial Law Regulation No. 64 of the transfer of suit land measuring 280…
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