Irfan Mohsin vs Additional District and Sessions Judge S — 2025 MLD 216 LAHORE-HIGH-COURT-LAHORE

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Irfan Mohsin VS Additional District and Sessions Judge S. 5--- Muslim Family Laws Ordinance (VIII of 1961), Ss.5 (5) & 6 (2A)--- Constitution of Pakistan, Art. 199--- Constitutional petition--- Dowery articles, value of--- Maintenance allowance--- Unauthorized entries in Nikah Nama--- Remedy--- Petitioner / husband was aggrieved of quantum of amount of dowery articles while respondent / minor assailed finding of Lower Appellate Court which reduced maintenance allowance from Rs. 8,000/- to Rs. 6,000/- per month--- Contention of petitioner / husband was that Nikah Khawan/ Registrar unauthorizedly incorporated certain entries in Nikahnama, which were not settled between the parties--- Validity--- If Nikah Khawan/Registrar mentioned un-settled conditions in Nikah Nama, petitioner could conveniently approach Deputy Commissioner or authorities of Local Government concerned for rectification in addition to putting criminal machinery in motion by filing a complaint before relevant authority--- Nikah Khawan/Registrar fell within the definition of "public servant" in terms of section 21 of Penal Code, 1860--- Petitioner / husband could not take premium of inaction on his part, as he did not refer to any material to show that he had challenged entries of Nikah Nama before the relevant forum--- Father of respondent / wife was owner of reasonable chunk of land at the time of marriage between parties and he was in a position to give dowry articles worth Rs.200,000/- to his daughter--- There was custom in the locality that daughters were given dowry articles at the time of their marriage--- High Court declined to interfere in findings of both the courts below on the point of dowry articles--- High Court set aside findings of Lower Appellate Court on the point of maintenance of respondent / minor and restored that of Trial Court--- Constitutional petition was disposed of accordingly.

Irfan Mohsin vs Additional District and Sessions Judge S — 2025 MLD 216 LAHORE-HIGH-COURT-LAHORE

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