Nikah Nama regarding payment of dower

 Learned counsel for the petitioner contends that receiving of the gold ornaments (worth Rs.100,000/-) as dower was specifically denied by the petitioner in paragraph No.4 of the plaint. The entries in the Nikah Nama regarding payment of dower were alleged to have been wrongly written or tampered. Since the petitioner had denied receiving of dower in the shape of gold ornaments, therefore, family court was bound to record evidence by framing issue regarding receiving of the dower amount. He submits that decision of the learned appellate court regarding exclusion of oral evidence in presence of documentary evidence is against the provisions of Section 17 of the Family Courts Act, 1964. Learned counsel for the petitioner has relied on the judgment of this Court in the case of Wahidul-Islam versus Shaheen Akhtar and 2 others reported as 2011 CLC 566. He has also relied on two judgments of Sindh High Court in the cases of Abdul Sattar versus Mst. Kalsoom (PLD 2006 Karachi 272) and Aurangzeb versus Mst. Gulnaz and another (PLD 2006 Karachi 563).

2014 LHC 2125

Used In Judgment of:
Lahore High Court
WP- Family Law
337-12

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