1. Introduction
This judgment reviews a petition challenging the decision of the Additional District Judge, Sialkot, dated 18.02.2013. The petitioner’s appeal was dismissed, while respondent No. 3’s appeal was partly accepted.
2. Case Background
- Marriage Details: The petitioner and respondent No. 3 married on 20.11.2009.
- Dispute: Respondent No. 3 claimed dowry, gold ornaments, and maintenance. She alleged that the petitioner ousted her in July 2010.
- Claims: She sought:
- Recovery of dowry articles and 14 tolas of gold as dower.
- Maintenance and pocket money at Rs. 5,000 per month as stated in the Nikah Nama.
3. Trial Court Decision
The Family Court issued a split decision:
- Granted:
- Rs. 100,000 for dowry articles.
- Maintenance of Rs. 5,000 per month from January 2010 until the Iddat period.
- Denied:
- 14 tolas of gold as dower.
- Monthly pocket money.
4. Appellate Court Decision
Both parties filed appeals. The Additional District Judge upheld some claims and revised others:
- Maintained the dowry and maintenance award.
- Allowed the 14 tolas of gold claim, interpreting Column 17 of the Nikah Nama as deferred dower.
5. Key Issues for Consideration
- Does Column 17 of the Nikah Nama create a valid deferred dower?
- Did the Family Court exercise its jurisdiction properly?
- Is there sufficient evidence to challenge the entries in the Nikah Nama?
6. Legal Analysis
6.1. Family Courts’ Role and Jurisdiction
Family Courts operate under the West Pakistan Family Courts Act, 1964. These courts handle family disputes efficiently, avoiding the complexities of standard civil procedures. They focus on swift justice and reconciliation.
6.2. Importance of the Nikah Nama
The Nikah Nama is a crucial legal document in matrimonial disputes. Each column has a specific purpose. Columns 13 to 17 deal with dower-related matters.
6.3. Interpretation of Column 17
- Trial Court View: Found Column 17 ambiguous.
- Appellate Court View: Treated it as deferred dower. Deferred dower is valid even if the mode of delivery isn’t specified.
- Legal Precedent: Courts interpret ambiguities in favor of the wife.
6.4. Presumption of Truth in Legal Documents
The Nikah Nama carries a presumption of truth. Any challenge requires solid evidence. The petitioner did not challenge the Nikah Nama entries before any relevant authority.
7. Relevant Case Law
- Jehangir Khan v. Mst. Saeeda Begum (2020 YLR 2350): Deferred dower can be inferred from Nikah Nama entries.
- Mst. Shehnaz Mai v. Ghulam Abbas (2018 CLC Note 104): Ambiguities favor the wife’s claim to deferred dower.
8. Conclusion
The petitioner failed to show any jurisdictional error or legal mistake by the Appellate Court. The interpretation of Column 17 as deferred dower stands legally correct.
9. Final Order
The court dismisses the petition and upholds the Appellate Court’s judgment. No order as to costs.
Petition Dismissed.