Jawad Ali Shah vs Mst — 2025 MLD 1102 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 1102 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Jawad Ali Shah vs Mst
Subject matter: Criminal
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

Jawad Ali Shah VS Mst. Sarwat Fatima S.5, Sched.---Suit for recovery of dower---Nikahnama registered after the death of husband---Public document---Presumption of truth---Scope---Suit instituted by the wife/respondent against the successors of her husband/petitioners was decreed, but the appeal preferred by the petitioners was dismissed---Validity---Presumption of truth attached to the Nikahnama, being a pubic document, was rebuttable, as respondent failed to prove that her Nikahnama with predecessor-in-interest of the petitioners was a genuine document---First and fourth copies of Nikahnama were never produced and admittedly the copy of Nikahnama with the respondent, containing the date of registration after the death of husband of the respondent, was brought on record, which implied that the Nikahnama brought on record by the respondent was never registered in accordance with law, hence, the presumption of truth was not attached to the same, therefore, the petitioners were not obligated to dislodge the presumption of truth attached to the Nikahnama---Obligation of a husband to pay the dower is applicable in cases where the registered Nikahnama carrying presumption of truth is brought on record, however, it was not helpful to the respondent, on account of distinguishable facts---Constitutional petition was allowed, in circumstances.

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