Pakistan Case Law
1988 SCMR 1379

MUHAMMADAMIN Versus BALQEES BEGUM.

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Citation1988 SCMR 1379
CourtSupreme Court of Pakistan
Case No.Civil Petition No.295 of 1988
Date1988-05-24
Judge(s)Muhammad Afza1 Zullah and Saad Saood Jan
Authored byMuhammad Afzal Zullah
ResultPetition dismissed

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑ ‑The petitioner has, through this petition for leave to appeal, called in question the judgment of the Lahore High Court whereby his Writ Petition arising out of a dower decree in favour of respondent, was dismissed.

2. The question whether the dower fixed at the time of Nikah was only Rs.32‑6 annas or Rs.50,000 arose on account of overwritings on the dower entry in the register of Nikah Khawan. The respondent's plea was that a wrong entry was corrected at the time of the Nikah by Nikah Khawan himself. The petitioner's plea was that it was a subsequent forgery. The Nikah Khawan was also examined who tried to please both the parties. All these controversial questions were settled by findings of fact. In the impugned judgment all the salient features on this aspect of the case have been considered and a particular mention has been made of the fact that the petitioner withheld his part/copy of the Nikahnama. If there was a genuine unchanged entry of Rs.32‑6 annas at the time of Nikah there was no reason for him not to have produced his own copy. The explanation offered on behalf of the petitioner in this respect is unconvincing. We find no merit in the petition and the same is dismissed.

3. M.B.A./M‑466/S Petition dismissed.

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