Mst. Shaista Hameed vs Additional Deputy Commissioner (General), District Mianwali S

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Mst. Shaista Hameed VS Additional Deputy Commissioner (General), District Mianwali S. 5 & Sched. --- Suit for recovery of dower (gold ornaments) on the basis of entries in Nikahnama ---While suit filed by lady was pending adjudication before the Family Court, Nikah Khawan deposed before the concerned Additional Deputy Commissioner (General)[ADC(G)]that the disputed entries of Nikahnama were interpolated ---ADC (G), on said statement of Nikah Khawan before it, passed an adverse order against the plaintiff /lady --- Contention of the petitioner /plaintiff was that ADC(G) had no authority to pass the impugned order---Case of the petitioner was that any dispute regarding the sanctity of the Nikahnama, being a registered document, was to be determined by the Family Court to the exclusion of all other authorities --- Plea of the defendant / respondent was that ADC(G),being the controlling authority, was vested with the power to decide the matter qua the genuineness of the Nikahnama and in light of statement of Nikah Khawan, nothing would turn around in favour of the petitioner /plaintiff even if the matter was tried by the Family Court ---Validity --- No doubt, the Nikahnama is a registered document, to which presumption of truth is attached and whenever a party (mostly wife) institutes a suit for recovery of dower for enforcement of any right thereunder, unless the interpolation is proved, the Court leans in her favour on the basis of presumption of truth, which is certainly rebuttable--- In the present case, statement of Nikah Khawan before an authority under the law had its own evidentiary value, which could only be determined by the Court of competent jurisdiction where the matter was pending--- Therefore, High Court set-aside the impugned order passed by the ADC(G) with the observation that the respondent / defendant could rely upon the proceedings recorded before the ADC (G), including statement of the Nikah Khawan, however, the veracity and the evidentiary value thereof would be determined by the Family Court concerned---Constitutional petition, filed by plaintiff / lady, was allowed accordingly.

Mst. Shaista Hameed vs Additional Deputy Commissioner (General), District Mianwali S — 2025 YLR 720 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 YLR