Failed to crossexamine the plaintiff about the entries of Nikah-Nama,

11. From the perusal of the contents of the record it is crystal clear that respondent No.2 failed to crossexamine the plaintiff about the entries of Nikah-Nama, it is well established principle of law that when a person fails to cross-examine the witness on specific portion, it would be considered to admitting his statement as correct. Reference in this regard can be made to “ZAFAR IQBAL v IMTIAZ...

Provisions of Qanun-e-Shahadat Order, 1984 and Civil Procedure Code would not apply to prove the claim of dowry articles

A similar view has also been expressed in the case reported as “Muhammad Iqbal v. Mst. Zahida and 2 others”(2013 MLD 800), that provisions of Qanun-e-Shahadat Order, 1984 and Civil Procedure Code would not apply to prove the claim of dowry articles-----Section 17 of West Pakistan Family Courts Act, 1964 made it abundantly clear that provisions of Qanun-e-Shahadat Order, 1984 were excluded. It has...

The provisions of the Civil Procedure Code have been excluded by section 17 of the Family Court Act, 1964,

Further reference may be made to case titled Dr.Asma Ali vs. Masood Sajjad and others (PLD 2011 SC 221). The relevant portion of the judgment is reproduced herein below :- “The provisions of the Civil Procedure Code have been excluded by section 17 of the Family Court Act, 1964, to proceedings under it. And it has been consistently held that such provisions are not stricto sensu applicable...

It was necessary to direct for DNA test

3. Learned counsel for petitioner argues that the impugned orders passed by learned Judge Family Court, Multan are against law, facts and liable to be set aside; that it has failed to be appreciated that petitioner took stance in written statement that respondent No.3 and 4 were not born out of the marriage of petitioner with Mst. Shamim Mai, respondent No.1 and to prove this fact, it was necessary...

Strike off defence of the husband and pass the decree for recovery of dower amount.

In case titled Faiz-ul-Hassan vs. Mst. Jan Sultan and 2 others (2001 SCMR 1323), it has been held by the Hon’ble Supreme Court of Pakistan that where the husband participated in the proceedings but did not file written statement as directed, the Family Court is competent to strike off defence of the husband and pass the decree for recovery of dower amount. Part Of Judgment Lahore High Court Writ...

Provided that birth of a child within the period stipulated

6. Petitioner in his written statement has himself pleaded that plaintiff No.1 was not divorced by him and that plaintiffs are not entitled to maintenance allowance as legitimacy of plaintiffs Nos.3 &4 had been disputed by him and as far as question of legitimacy is concerned to ascertain question of legitimacy, though no special procedure has been provided in West Pakistan Family Courts Act, 1964....

In absence of valid receipts of purchase of said articles, suit could not have been decreed

In the case reported as “Muhammad Habib v. Mst. Safia Bibi and others”(2008 SCMR 1584), it has been observed by apex court as under:-  “Contention of the husband was that no such list of dowry articles was prepared at the time of marriage, same was fabricated subsequently and in absence of valid receipts of purchase of said articles, suit could not have been decreed and that Appellate Court...

Suit for recovery of dowry articles

It has been observed in the case reported as “Muhammad Anwar and another v. Additional District Judge, Lahore(Miss Uzma Akhtar Chughtai) and 2 others”(2003 YLR 365) as under:-  “Term ‘party’--- Connotation—Term ‘party’ is not confined only to the spouses but its meanings are wider in sense—If there is a suit for recovery of dowry articles and the dowry articles are in the custody of father...

Terms of Section 14(3) of the Family Court Act, 1964 no appeal

Impugned order dated 07.7.2015 passed by the trial court which has been assailed before this court is interim in nature and in terms of Section 14(3) of the Family Court Act, 1964 no appeal or revision shall lie against the interim order passed by the Family court. Statute excluding a right of appeal from an interim order cannot be bypassed by bringing under attack such interim order in constitutional...

Age of majority according to the definition of maintenance in Mohammadan Law

While dilating upon the afore-cited legal proposition it would be appropriate to take wisdom from a pronouncement made by the apex court in a judgment cited as “Humayun Hussain v. Salam Humayun” (PLD 2013 SC 557). In this case Hon’ble Supreme Court was confronted with a situation where an adult son claimed himself to be maintained by his father on the ground of disability. It was argued before the...

Expenditures for the marriage of children

Learned counsel for the petitioner contends that the impugned order is against the law and facts of the case. Further contends that learned Judge Family Court has no powers to pass such order. Argued that the amendment sought by respondents has changed the entire complexion of the suit. Moreover, Schedule of Family Court Act, does not provide the expenditures for the marriage of children. He relies...

Joint rcading of sections 17-A und 12-'4 of the West Pakistan Family Courts Act, 1964

By joint reading of sections 17-A and 12-'4 of the West Pakistan Family Courts Act, 1964 (hereinafter to be referred as the Act), what comes out is that when the Family Court was made competent to pass an interim order for payment of maintenance, it was ut the same lime, made incumbent for the same Court to dispose of the case pending before it within a period of six months from the date of institution,...

Right of appeal from the interim order

The contention of the learned counsel for the appellant that where appeal lies only against the final order a Constitution petition challenging the interim orders can yet be maintained is erroneous. In the Lahore case PLD 1990 Lah. 352 relied upon by the learned counsel for the appellant itself where a final order was passed pending proceedings in the Constitutional jurisdiction it was held that jurisdiction...

Nikah Nama is considered to be a public document

Nikah Nama is considered to be a public document but when its authenticity is impugned by any of the parties, it assumes the status of a private document and that the party claiming benefit under a document is bound to prove its execution. Relies on Matloob Hussain v. Mst. Shahida and 2 others (PLD 2006 SC 489), Qalandri Bibi v. Mst. Irum Bibi and others (2019 YLR 86), Sardara and Allah Ditta through...
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