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EJAZ IQBAL vs ADDITIONAL DISTRICT JUDGE S — 2022 CLC 947 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 947 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
EJAZ IQBAL vs ADDITIONAL DISTRICT JUDGE S
Subject matter
Civil
Provisions referred to
S. 8; S. 5---Q; Form II---Family Courts Act (XXXV of 1964)

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

EJAZ IQBAL VS ADDITIONAL DISTRICT JUDGE S.8, Form II---Family Courts Act (XXXV of 1964), S.5---Qanun-e-Shahadat (10 of 1984), Art. 129 Illustration (g)---Nikahnama, entries in---Proof---Concurrent findings of facts by two Courts below---Withholding of evidence---Presumption---Suit for recovery 5 Marla house as dower amount filed by respondent / plaintiff was decreed in her favour, as the same was mentioned in Nikahnama---Validity---Nikahnama was to be examined as a simple contract between parties without any presumption of truth attached to it--- Petitioner's copy (???)of Nikahnama was his best evidence and by producing that copy (???) of Nikahnama petitioner could have dispelled statement of Nikah Registrar that he forgot to fill conditions of Nikah only in "fourth copy" (???) prior to submitting the same in Union Council concerned under the law--- In absence of such copy there was no reason in disbelieving unshaken testimony of respondent / plaintiff, her witness as well as scribe of Nikahnama---Non-production of his own copy of Nikahnama led to an adverse inference against petitioner as the best evidence in such regard was withheld by him---Case of petitioner fell within the purview of Illustration (g) to Art.129 of Qanun-e-Shahadat, 1984---High Court declined to interfere in concurrent findings of facts by two Courts below---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2022 CLC

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