Citation Name: 2019 MLD 576
SUPREME-COURT-AZAD-KASHMIRBookmark this Case
Syed IQBAL SHAH VS Syeda TAHIRA BIBI
S. 42---Azad Jammu and Kashmir Family Courts Act (XI of 1993), S.5---suit for declaration regarding land given as dower---Maintainability---Plaintiff-wife filed suit for declaration with regard to the land given to her as dower and also challenged therein the gift deed relating to the said land executed in favour of a third party---suit was decreed concurrently---Validity---Entries of Nikahnama had presumption of truth vis-à-vis oral evidence---suit land given as dower had not been abandoned by the wife---In case of controversy regarding payment of dower in respect of any property between the spouse and third party the civil court was an appropriate forum for determination of the matter--No misreading or non-reading of evidence had been pointed out in the impugned judgments passed by the courts below---Appeal was dismissed, in circumstances.
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