Summary: Pending

Summary: Pending

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Quashment of FIR In Case FIR No. 03/2021 Dated 26.04.2021 Offence U/s 420/468/471/477/109/34 PPC, PS FIA Corporate Crime Circle, Islamabad

Summary: It is imperative to point out that under Article 150 of the Constitution of Islamic Republic of Pakistan, 1973, full faith and credit shall be given throughout Pakistan to public acts and records. Record of Rights is public record and the production of the revenue record as Exh-P1 by the petitioner carrying presumption of truth coupled with the failure of the respondents to dispel such presumption through preponderance of evidence is sufficient to propel this Court to the conclusion that the petitioner has proved her entitlement to the possession - Where the plaintiff produces the Record of Rights and establishes his entitlement to the property which was never challenged by the defendants for many decades, demanding the revenue record for the last thirty years prior to filing of the suit by the petitioner is nothing but to put the petitioner under an onus higher than what is required under the law to be discharged in civil cases.

Summary: There is no cavil to the proposition as it has become a stone-etched legal position that nikahnama, being a public document carries with it presumption of truth as has been held by the superior courts in catena of judgments; however, such presumption of truth is available to the first and fourth pert of the nikahnama which are kept with the Nikah Khawan (in original register of nikahnamas) and forwarded to the Union Council concerned, in accordance with law, respectively, as these two pert are kept in the official custody.

Summary: Pending

Summary: [Columns No.13 and 16 of the Nikkahnama to be interpreted on the basis of the intention between the parties rather than the headings of the columns, in particular when there is a dispute between the value of the dower and items] Naheed Begum filed a suit in the Family Court to recover her dower, consisting of seven tola gold ornaments, and seek maintenance for herself and her five minor children. The Family Court granted maintenance for the children but rejected the claims for dower and maintenance. Naheed Begum appealed to the District Court, which upheld the Family Court's decision. She then approached the Peshawar High Court, which allowed her petition, reversed the lower courts' judgments, and decreed her claims for dower and maintenance. The petitioner, Haseen Ullah, filed a petition for leave to appeal in the Supreme Court against the High Court's judgment. The Supreme Court heard arguments from both parties and reviewed the case record. The main point of contention was the interpretation of the entries in columns No. 13 to 16 of the Nikahnama (marriage contract). The Family Court and District Court interpreted the columns to mean that the dower mentioned in column No. 16 was payable only if the dower specified in column No. 13 had not been paid. As Naheed Begum admitted to receiving the dower of seven tola gold ornaments specified in column No. 13, the lower courts concluded that she was not entitled to the dower mentioned in column No. 16. The High Court, however, held that the dower mentioned in column No. 16 was in addition to, not in lieu of, the one specified in column No. 13. The High Court considered the intent of the parties based on the figures mentioned in both columns and the contents of a compromise deed executed by the parties. The Supreme Court agreed with the High Court's interpretation, stating that the figures in the columns clearly indicated that both the gold ornaments and the four Kanal agriculture land mentioned in column No. 16 were part of the dower. Regarding the claim for maintenance, the lower courts held that Naheed Begum was not entitled to maintenance because she was not residing with the petitioner. However, the High Court overturned this decision, stating that if a wife is willing to fulfill her marital obligations but cannot do so due to her husband's actions, she is entitled to maintenance. The Supreme Court upheld the High Court's decision, citing the husband's duty to maintain his wife under Islamic law. The judgment emphasizes that dower is an integral part of Muslim marriages, with the Quran and the Sunnah of the Holy Prophet Muhammad ﷺ emphasizing the husband's obligation to pay it to the bride. The judgment affirms the wife's right to maintenance as long as she remains faithful and willing to fulfill her matrimonial obligations. In conclusion, the Supreme Court affirmed the High Court's judgment, upholding Naheed Begum's entitlement to both dower and maintenance from her husband. The judgment provides a detailed analysis of the parties' intent, the interpretation of the Nikahnama columns, and the principles and obligations of husbands under Islamic law.