Mst. FATIMA vs MUSHTAQ Ss — 2025 CLC 1273 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 CLC 1273 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: CLC
Parties: Mst. FATIMA vs MUSHTAQ Ss
Subject matter: Civil
Provisions referred to: S. 17; Family Courts Act

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. FATIMA VS MUSHTAQ Ss. 5, Sched. & 17, ---Qanun-e-Shahadat (10 of 1984), Arts.17 & 79---Suit for recovery of dower---Execution of Kabin Nama/Dower Deed---Wife/petitioner in order to establish her claim produced one of the marginal witness alongwith scribe of the Kabin Nama leaving out other marginal witness---Plea of non-fulfilment of requirement of Arts. 17 and 79 of the Qanun-e-Shahadat, 1984, (Order) had been taken by the respondents---Family as well as Appellate Court dismissed the suit and appeal of the petitioner concurrently on this score---Validity---Both the courts below ignored that in view of S. 17 of the Family Courts Act, 1964, the applicability of C.P.C. and Qanun-e-Shahadat, 1984, to the proceedings before the Family Courts had been excluded---Statement of the 'scribe' could be considered to be a statement of marginal witness in the circumstances when he appeared before the concerned court and deposed that the deed/agreement was scribed by him and thumb impressions and signatures were put by the parties---Person, who writes a document, is as good a witness as anybody else, if he has signed the document as a witness---Petitioner in order to prove the execution of dower deed produced the 'scribe' of the said dower deed as a witness, who while appearing in the court admitted the execution of the dower deed and categorically stated that it was signed by the executant and the marginal witnesses, which statement was supported by attesting witness of the dower deed, who also verified his thumb impression over the same, thus, the statement of the scribe could be termed to be a statement of marginal witness---Constitution petition was allowed, in circumstances.

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