Table of Contents
- Introduction
- Case Background
- Legal Questions Raised
- Jurisdiction of Family Court
- Summoning the Nikah Khawan
- Statement Correction Rejected
- Request for Picture Return
- Medical Examination Request
- Final Verdict by the Court
- About Advocate Muhammad Amin
1. Introduction
This case explains important legal points about family law in Pakistan.
The Peshawar High Court gave a clear decision.
It focused on court powers, evidence, and legal procedures in family cases.
2. Case Background
A woman named Salma Gul filed a family suit in Abbottabad.
She asked the court for her dower, monthly maintenance, dowry items, and gold jewelry.
She filed the case after getting divorced.
The other party (her ex-husband and family members) submitted several applications.
They questioned the court’s powers and objected to different decisions during the case.
3. Legal Questions Raised
The main questions were:
- Did the Family Court in Abbottabad have legal power to hear the case?
- Could the court allow the Nikah Khawan to testify after closing the main evidence?
- Could recorded statements be corrected?
- Could pictures submitted in court be returned?
- Could the court order a medical test for the woman?
4. Jurisdiction of Family Court
The court confirmed that it had proper jurisdiction.
The marriage took place in Abbottabad.
Salma lived there after the divorce.
Under Rule 6 of the Family Courts Rules, 1965, a wife can file a case where she lives.
The court followed this rule correctly.
5. Summoning the Nikah Khawan
Salma requested the court to call the Nikah Khawan as a witness after closing her main evidence.
The other party objected to this.
However, the court allowed it.
Under Section 7(2) of the Family Courts Act, the court can call any witness.
The Nikah Khawan’s name was already on the witness list.
So the court acted within the law.
6. Statement Correction Rejected
The request to correct the statements of two witnesses came after they had signed them.
There was no legal reason to change them.
The court rejected the request.
This decision followed proper legal rules.
7. Request for Picture Return
Some pictures were used as evidence during the case.
These became part of the official court record.
The court refused to return them, and this was the correct decision.
8. Medical Examination Request
The other party asked for a medical board to examine Salma.
The court dismissed this request.
She had already lived with her husband after rukhsati.
Their marriage was also consummated.
So there was no legal reason for a medical test.
9. Final Verdict by the Court
The Peshawar High Court dismissed both writ petitions.
It confirmed that the Family Court acted within the law.
It also instructed the lower court to complete the trial quickly.
No penalties or costs were imposed on either side.
10. About Advocate Muhammad Amin
Advocate Muhammad Amin offers expert legal help in family, civil, and criminal matters.
He provides services for family suits, maintenance cases, dower recovery, dowry items, and more.
His office is located at Office No. 14, Zeb Plaza, University Road, Tehkal Payan, Peshawar.
Clients trust him for clear legal guidance and strong courtroom representation.
He has a respected name across Khyber Pakhtunkhwa courts.