Mst. KHALIDA BIBI vs NAEEM KHAN S — 2025 SCMR 1454 SUPREME-COURT

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Mst. KHALIDA BIBI VS NAEEM KHAN S. 5---Qanun-e-Shahadat (10 of 1984), Art. 85---Family Courts Act (XXXV of 1964), S. 5 & Sched.---Suit for recovery of dower---Registered Nikah Nama---Evidentiary value---Scope---Marginal witnesses of Nikah Nama, non-production of---Effect---Claim of wife was declined on account of her failure to produce marginal witnesses of Nikah Nama---Held, that where the relationship of husband and wife is admitted and the execution of Nikah is not denied, then non-production of the marginal witnesses of the Nikah Nama before the Court is not fatal to the suit of the plaintiff / wife---In such circumstances, the execution of Nikah Nama stands proved and the plaintiff's entitlement to dower is established---Even, the copy of Nikah Nama having been produced did not require production of witnesses to prove it (Nikah Nama)---Mere verbal denial of the execution of Nikah Nama in the statement recorded before the Trial Court without supporting evidence carries no legal value---Nikah Nama is a public document, which is registered under Section 5 of the Muslim Family Laws Ordinance, 1961, and as such presumption of truth is attached to it carrying evidentiary value of Article 85 of the Qanun-e-Shahadat, 1984---In the present case, neither the Appellate Court nor the High Court had recorded any findings regarding issue framed by the Trial Court with respect to entitlement of plaintiff to recovery of maintenance allowance, thus, they failed to jurisdiction vested in them---Supreme Court set-aside the impugned order passed by the High Court, and remanded the case back to it (High Court) for decision afresh, after providing the parties an opportunity of hearing---Petition for leave to appeal was converted into an appeal and was allowed accordingly.

Mst. KHALIDA BIBI vs NAEEM KHAN S — 2025 SCMR 1454 SUPREME-COURT

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