Recovery of Dowry Article 2012 PLD 108 Case Laws, Section 5 & 17—Qanun-e-Shahadat (10 of 1984), Arts. 129(g) & 79—Constitution of Pakistan, Art.199—Constitutional Petition—Suit for recovery of dowry articles and declaration of title on the basis of agreement in favour of the wife at time of Nikah—Suit of wife (petitioner) was decreed by Trial Court and the Appellate Court set aside order of Trial Court to the extent of declaration of title in favour of wife—Contention of the wife was that the husband at time of the marriage had gifted suit land to the wife besides the dower amount, and such fact had been incorporated in the nikahnama—Validity—Admittedly, deed for transfer of land in favour of the wife had been mentioned in the nikahnama—Husband, according to his own version, was in possession of the said deed, but did not produce the same before the Trial Court—Under Art.129(g) of the Qanun-e-Shahadat, 1984, adverse inference would be drawn to the effect that the same was intentionally concealed and it would be deemed as if the same was produced, and the contention of the wife, therefore, stood proved—Husband admitted the contents of the said deed up to the extent of entry regarding dower amount whereas the remainder was denied—Signature of husband were available on the next page of the said deed where the entire agreement was concluded—Wife had produced petition-writer, who verified issuing of stamp paper to the defendant—Signature of husband were available on the register as well as on the overleaf of the stamp paper of the said deed—Signatures on the deed and on the nikahnama were similar, and both documents were not denied by the husband—Appellate Court had not appreciated said deed which was clearly mentioned in the nikahnama in a different column and which specifically related to the deed executed at the time of the Nikah—Deed was produced by the wife, whereas the husband, having the same, did not produce it and therefore, the said deed produced by the wife would be presumed to be correct—Family courts were governed by the special law of the West Pakistan Family Courts Act, 1964,wherein the proof of documents as prescribed under Qanun-e-Shahadat, 1984 in its stricto sensu was not applicable—All entries in the nikahnama were presumed to be correct—Any document or deed mentioned in the nikahnama though not proved under Art.79 of the Qanun-e-Shahadat, 1984, its existence and production of the stamp vendor before the Family Court was sufficient to rely on the said deed and on the same being correct and validly executed—Trial Court had rightly decreed the suit of the wife, and findings of the Appellate Court were liable to be set aside—High Court set aside order of the Appellate Court and restored the decree of Trial Court—Constitutional petition was allowed, accordingly.
Recovery of Dowry Article 2012 PLD 108 Case Laws
