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Mst. RABIYAZ BIBI vs MATIUR REHMAN S — 2022 CLC 686 PESHAWAR-HIGH-COURT

Case information

Citation
2022 CLC 686 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
CLC
Parties
Mst. RABIYAZ BIBI vs MATIUR REHMAN S
Subject matter
Civil
Provisions referred to
S. 5

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. RABIYAZ BIBI VS MATIUR REHMAN S.5, Sched.---Suit for dower, dowry articles and maintenance allowance---Maxim: Secundum allegata et probata---Scope---Petitioner filed a suit for recovery of dower, dowry articles and maintenance allowance---Trial court partially decreed the suit to the extent of maintenance allowance for iddat period, whereas rest of the reliefs as prayed for were turned down---Appeal was dismissed---Validity---Petitioner was required to prove fixation of the dower as alleged by her on basis of maxim secundum allegata et probata i.e. the burden of proof would lie upon the person who asserted or alleged a fact---Mere mentioning of particular fact in the pleading was not enough to grant a relief unless and until it was proved through cogent, reliable, sufficient and direct evidence as pleadings was not the evidence---Even the father of petitioner was not certain regarding fixation of quantum of dower i.e. 08 tola gold---List of dowry articles was undated, unsigned and prepared at the time of institution of the suit, as such, could not be relied upon---Fixation of maintenance allowance was proper which required no interference---Constitutional petition was dismissed. Head Notes

Other judgments reported in 2022 CLC

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