MEHARBAN HUSSAIN vs ZAHIDA KOUSAR S — 2022 YLR 2454 SUPREME-COURT-AZAD-KASHMIR

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MEHARBAN HUSSAIN VS ZAHIDA KOUSAR S. 5, Sched. & S. 17---Suit for recovery of dowry articles---Provisions of Evidence Act (Qanun-e-Shahadat) and Code of Civil Procedure not to apply---Scope---Provisions of Qanun-e-Shahadat, 1984, are not applicable to proceedings before the Family Court---Sole statement of wife is sufficient to prove her claim of dowry articles and she is not required to prove the case in the terms of requirements of Qanun-e-Shahadat, 1984, by producing a certain number of witnesses in support of her claim along with recording of her own statement. Head NotesCase Description Citation Name: 2022 YLR 2454 SUPREME-COURT-AZAD-KASHMIRBookmark this Case MEHARBAN HUSSAIN VS ZAHIDA KOUSAR S. 17---Provisions of Evidence act (Qanun-e-Shahadat) and Code of Civil Procedure not to apply---Scope---azad Jammu and Kashmir Family Courts act, 1993, is a special law which has been enacted for adjudication of matrimonial disputes expeditiously and without falling prey to technicalities---Legislature, being appreciative of this, specifically excluded the operation of the Qanun-e-Shahadat,1984, from the proceedings of the Family Courts. Head NotesCase Description Citation Name: 2022 YLR 2454 SUPREME-COURT-AZAD-KASHMIRBookmark this Case MEHARBAN HUSSAIN VS ZAHIDA KOUSAR S.5, Sched. & S.17---Suit for recovery of dowry articles---Provisions of Qanun-e-Shahadat/Evidence Act and Code of Civil Procedure not to apply---Un-signed list of dowry articles---Scope---Plaintiff filed a suit for recovery of dowry articles---Suit was partially decreed---Defendant challenged the judgment and decree through an appeal, which was dismissed---Contention of defendant was that list of dowry articles was fabricated as being not signed by anyone and not proved at all---Validity---No legal requirement of documenting the list of dowry articles existed in Nikahnama or in other document or list, like as required for the details of dower amount, prompt and deferred---In the society, when the parents were making preparations of the marriages of their daughters, in normal course of life, they did not indulge in making lists or keep record of receipts of the dowry articles to prove the fact of purchasing the same or giving the same to daughters at the time of marriage, to prove in any Court of law, rather parents prayed and were desirous of sustenance of the marriage of the daughters---In very few cases the parents prepared such like record, otherwise in normal routine, the record of financial accounts and receipts of the dowry articles were not kept/maintained---Plaintiff was not obliged to prove her case in stricto sensu according to principles and provisions of the Qanun-e-Shahadat, 1984, as it was required under ordinary civil proceedings in civil court or criminal proceedings in criminal courts---Defendant was unable to point out any misreading or non-reading of the evidence or the record by the Trial Court---Trial Court had rightly passed the judgment and decree after considering the evidence and the Shariat Appellate Bench of the High Court had not committed any error of law by maintaining the same---Appeal was dismissed. Head NotesCase Description

MEHARBAN HUSSAIN vs ZAHIDA KOUSAR S — 2022 YLR 2454 SUPREME-COURT-AZAD-KASHMIR

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