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 been laid down in the case reported as “Muhammad Islam v. Mst. Rashidah Sultana and 4 others”(2013 CLC 698) that intent of the legislature was clearly to simplify the procedure and the law-makers were aware of the fact that in cases relating to dower, the lists were seldom prepared and receipts were very rarely kept intact as everyone made arrangements for marriage of one’s daughter with the hope and prayer that she would lead a happily married life.

Part Of Judgment
Lahore High Court
Writ Petition-Family-Dower
8446-14
2017 LHC 579

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