In this regard, it has been laid down in the case
reported as “Mst. Shakeela Bibi v. Muhammad Israr and
others”(2012 MLD 756) as under:-
“Solitary statement of wife was sufficient to prove the
claim of dowry articles---Contention of husband that
wife, while making claim for dowry articles, was
required to prove the case in terms of the requirements of
Qanun-e-Shahadat Order, 1984 was not only
misconceived but was also besides the mandate of law as
envisaged in S. 17(1) of the West Pakistan Family Courts
Act, 1964----Section 17 of the West Pakistan Family
Courts Act, 1964 was a special law and provisions of
Qanun-e-Shahadat Order, 1984 were excluded through
said section ---- Was not possible for any bride/wife in
the society to keep the record of purchase receipts,
prepare the list of dowry articles and obtain signatures
from the husband’s side---Mothers start collecting,
purchasing, and preserving articles for their daughters
from when they start growing up and there was a
tradition that the in-laws of any wife were extended
esteem and respect and it was considered an insult to
prepare the dowry list for the purposes of obtaining
signatures from them.---Constitutional petition allowed,
in circumstances.”
Part Of Judgment
Lahore High Court
Writ Petition-Family-Dower
8446-14
2017 LHC 579
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