2023 C L C 1926 07/03/2024, 10:56 PM

2023 C L C 1926
[Lahore]
Before Safdar Saleem Shahid, J
RASHEED AHMAD----Petitioner
Versus
ADDITIONAL DISTRICT JUDGE and 2 others----Respondents
Writ Petition No.27152 of 2013, heard on 25th January, 2022.
(a) Family Courts Act (XXXV of 1964)---
----S.5, Sched.---Family Courts---Non-applicability of provisions of C.P.C and Qanun-e-Shahadat,
1984---Presumption of truth attached to Nikahnama---Wife filed two suits, one for recovery of dowry
articles, gold ornaments and maintenance allowance and the other for recovery of dower in shape of
gold ornaments and pocket money per month as mentioned in Nikahnama---Trial Court dismissed the
suit of wife for recovery of dower and partially decreed the suit for recovery of dowry articles---
Appellate Court dismissed the appeal filed by husband and partially accepted the appeal of wife----
Held, that the Family Courts Act, 1964, has been enforced to make provisions for the establishment of
Family Courts for the expeditious settlement and disposal of disputes relating to marriage and family
matters and for matters connected therewith---Provisions of C.P.C and Qanun-e-Shahadat, 1984 have
not been strictly made applicable to the family cases, rather the powers have been vested to the
Family Courts to perform their functions---Section 15 of the Act, 1964, provides the Family Courts
the power to summon witnesses whereas S.16 of the Act, 1964, enables the Family Courts to proceed
with the contempt matters---Family Court has the power to adopt any procedure under the Act, for
summoning of the witnesses or exhibiting the documents---Procedure, however, provided in C.P.C
and Qanun-e-Shahadat, 1984, are not applicable in stricto sensu---Wisdom behind the scheme is to
avoid the technicalities so that the matters could be resolved expeditiously and justice could be
provided within very short span of time---In case in hand, admittedly, the Nikah was performed
between the parties, photocopy of Nikah Nama was admitted by husband and wife and there was no
objection from any side regarding its execution----Husband had admitted that Nikah Form was written
in his presence and he signed over the same but he further stated that the impugned conditions were
not written---Husband, however, had not challenged those conditions independently before any
forum---Neither husband had filed an application before the concerned union council for the
correction of the entries if they were wrongly filled in column 17 nor brought any suit before the
competent Court to get the entries corrected, meaning thereby that Nikah Nama was an admitted
document by husband---Presumption of truth is attached to the Nikah Nama, but at the same time, if
the entries thereof are denied the same can be challenged and the party challenging the entries is
under obligation to prove that those entries were not settled between the parties at the time of Nikah--
--In case in hand, there was no evidence regarding challenging the Nikah Nama---Nikah was
performed in the Majlis and all the persons whose names were appearing on the Nikah Nama
including the petitioner signed over the same---Keeping in view the sequence of the scheme of Nikah
Form, its column 17 was condition of dower which can be interpreted as the property belonging to the
wife after marriage and under S. 5 of the Family Courts Act, 1964, personal property and belonging
of the wife can be claimed by her at any time and the matter is triable by the Family Court----In case
in hand, since this property/amount had not been fixed with any condition by the husband, therefore
that would be taken as the personal property belonging of the wife---Constitutional petition was
dismissed and the judgement and decree passed by the Appellate Court upheld were, in
circumstances.

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2023 C L C 1926 07/03/2024, 10:56 PM

Jehangir Khan through Attorney v. Mst. Saeeda Begum and 2 others 2020 YLR 2350 and Mst.
Shehnaz Mai v. Ghulam Abbas and 2 others 2018 CLC Note 104 distinguished.

(b) Family Courts Act (XXXV of 1964)---

----S.5, Sched.---Jurisdiction and purpose of Family Courts----Section 5 of the Family Courts Act,
1964 provides "subject to the provisions of the Muslim Family Laws Ordinance, 1961 and the
Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive jurisdiction to entertain,
hear and adjudicate upon matters specified in the Schedule"---Prior to the introduction of the Act,
1964, some of the matters relating to the family affairs were subject to the Civil Courts and the Civil
Court being the ultimate Court of jurisdiction had the power to entertain those matters, but keeping in
view the fact that the procedure before the Civil Court was very lengthy and painful, all the matters
relating to family affairs were made subject to the Family Courts---Judges of the Family Courts have
been given vast power to regulate the proceedings of the family cases with the wisdom that the
Family Courts can initiate to bring about compromise/settlement between the spouses for their
reunion and for their living together, therefore during the proceedings of the case twice the provision
of reconciliation have been inducted in the Family Court proceedings---Purpose behind the whole
exercise is to make efforts for the reunion of the spouses so to have a peaceful and good family future
which is not only beneficial for the families but this will also help to build a healthy and beautiful
society.
(c) Family Courts Act (XXXV of 1964)---
----S.5, Sched.---Interpretation, of columns of Nikahnama---With the introduction of the Family
Courts Act, 1964, the Nikah Form has attained a very vital importance regarding the resolution of the
disputes between the spouses---Nikah Form otherwise is a very important document---Unfortunately
most of the Nikahkhwan/Nikah Registrars have no understanding of the spirit of the columns of the
Nikah Form especially in the rural areas where the literacy rate is otherwise very low and people do
not understand the meaning of some special terms----Nikahkhwan/Nikah Registrars while filling
Nikah Forms do not keep in mind the purpose of the columns thereof that ultimately creates problems
for the spouses in case any dispute arises between them---In some matters it is very difficult for the
Family Court to see the exact intention of the spouses regarding those columns at the time of Nikah---
If Nikah Form is perused, its columns have very systematic sequence---From Columns 1 to 6, it
relates to the place of the Nikah with the details of the spouses regarding their names, parentage, age
and their matrimonial status, bachelor or married, whereas Columns 7 to 11 are regarding the
requirements of a valid Nikah, wherein names of the witnesses and the name of the wakeel on the
behalf of the spouses, if any appointed, are mentioned---Column 12 is regarding the date of Nikah and
Columns 13 to 17 relate to the fixation of dower----Fixation of dower has been detailed in four
different columns and every column has its own significance---While filling up these columns
normally the person filling up does not care for the wisdom behind the said columns, which are clear
in their meanings---Column 17 is regarding ---Scheme of the Form reflects that this is a
part of the dower and the conditions if imposed, regarding the dower---Column 17 cannot be
interpreted to mean that it is regarding the conditions after the divorce or in case of divorce, because
Nikah Form clearly shows that Column 18 starts from the subject of divorce and all the conditions
regarding the divorce have been separately mentioned in two different columns.
Muhammad Iftikhar Ullah Dhilon for Petitioner.
Shan Saeed Ghumman for Respondent No.3.
Date of hearing: 25th January, 2022.

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2023 C L C 1926 07/03/2024, 10:56 PM

JUDGMENT
SAFDAR SALEEM SHAHID, J.---This petition calls into question the legality of the
consolidated judgment and decree dated 18.02.2013, whereby the learned Additional District Judge,
Sialkot, while dismissing the appeal filed by the petitioner, partly accepted the appeal filed by
respondent No.3 and modified the judgment and decree dated 21.06.2012 passed by the learned Judge
Family Court, Sialkot, in the terms that the decree for recovery of Rs.100,000/- as alternate value of
dowry articles and pocket money/maintenance at the rate of Rs.5000/- per month w.e.f. 01.01.2010 till
completion of her period of Iddat passed in favour of respondent No.3 was maintained and her suit for
recovery of gold ornaments weighing eleven tolas or the current market price thereof was also
decreed.
2. Brief facts giving rise to this petition are to the effect that respondent No.3 filed two suits one
for recovery of dowry articles, gold ornaments and maintenance allowance and the other for recovery
of dower in shape of gold ornaments weighing 14 tolas and pocket money at the rate of Rs.5000/- per
month as mentioned in the Nikah Nama, alleging that she was married with the petitioner on
20.11.2009, however, there was no issue out of the wedlock; she was given gold ornaments and dowry
articles by her parents as per list attached with the plaint, but in July 2010 she was ousted by the
petitioner from his house, as such she prayed for a decree for recovery of dowry articles, gold
ornaments, maintenance allowance, dower in the shape of gold ornaments weighing 14-tolas and
Rs.5000/- per month as pocket money as per condition of Nikah Nama. The petitioner contested the
suit by filing written statement with certain preliminary objections.
3. The learned trial Court out of divergent pleadings of the parties, framed issues, recorded
evidence of the parties, and after having gone through the same while dismissing the suit of
respondent No.3 for recovery of dower in the shape of gold ornaments weighing 14-tolas and pocket
money, partially decreed the suit for recovery of dowry articles to the extent of Rs.100,000/- as
alternate price thereof and maintenance allowance at the rate of Rs.5000/- per month from January,
2010 till the period of her Iddat. Feeling aggrieved, both the parties preferred appeals, which were
decided through a consolidated judgment and decree by the learned Additional District Judge in the
terms recorded in para-1 above.
4. Arguments heard. Record perused.
5. Prior to the discussion on the legal aspects of the proposition regarding the interpretation of
column 17 of the Nikah Nama, I would like to discuss the wisdom maintained in the scheme in object
of the Family Court. The West Pakistan Family Courts Act, 1964 has been enforced to make
provisions for the establishment of Family Courts for the expeditious settlement and disposal of
disputes relating to marriage and family affairs and for matters connected therewith. That is why the
application of the provisions of C.P.C. and Qanun-e-Shahadat Order, 1984, have not been strictly
made applicable to the family cases, rather the powers have been vested to the Family Courts to
perform their functions. Under section 15 the Family Courts are provided with the power to summon
witnesses whereas section 16 enable them to proceed with contempt matters. Similarly, the Family
Court has the power to adopt any procedure under law for summoning of the witnesses or exhibiting
the documents. The procedures, however, provided in C.P.C. and Qanun-e-Shahadat Order, are not
applicable in stricto sensu. Meaning thereby the wisdom behind the scheme is to avoid the
technicalities so that the matters could be resolved expeditiously and justice could be provided within
the very short span of time. That is why Section 5 of the Act provides "subject to the provisions of the
Muslim Family Laws Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family
Courts shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in the
Schedule". Prior to introduction of this Act, some of the matters relating to the family affairs were
subject to the Civil Courts and the Civil Court being the ultimate Court of jurisdiction was having the
power to entertain those matters, but keeping in view the fact that the procedure before the Civil

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2023 C L C 1926 07/03/2024, 10:56 PM

Court is very lengthy and painful, all the matters relating to the family affairs were made subject to
the Family Courts. The Judges of the Family Courts have been given vast power to regulate the
proceedings of the family cases with the wisdom that the Family Courts can initiate to bring about
compromise/settlement between the spouses for their reunion and for their living together, therefore,
during the proceedings of the case twice the provision of reconciliation have been inducted in the
Court proceedings. The purpose behind the whole exercise is to make efforts for the reunion of the
spouses so to have a peaceful and good family future. This is not only beneficiary for the families but
this will also help to build a healthy and beautiful society.
6. With the introduction of the Act, the Nikah Form has attained a very vital importance regarding
the resolution of the disputes, if arise between the spouses. Nikah Form otherwise is a very important
document. It has been observed that unfortunately most of the Nikah Khawn/Nikah Registrars have
no understanding with the spirit of the columns of the Nikah Form especially in the rural areas where
the literacy rate is otherwise very low and people do not understand the meaning of some special
terms. Nikah Khawn/Nikah Registrars while filling Nikah Form do not keep in mind the purpose of
the columns thereof that ultimately creates problems for the spouses in case any dispute arises
between them. Furthermore, in some matters it is very difficult for the Court to see the exact intention
of the spouses regarding those columns at the time of Nikah. If Nikah Form is perused, its columns
have very systematic sequence. From columns 1 to 6, it relates to the place of Nikah with the details
of the spouses regarding their names, parentage, age and their matrimonial status i.e. bachelor or
married, whereas columns 7 to 11 are regarding the requirements of a valid Nikah, wherein names of
the witnesses and the name of Wakeel on behalf of the spouses, if any appointed, are mentioned.
Column 12 is regarding the date of Nikah. Columns 13 to 17 relate to the fixation of dower. Now this
head has been detailed in four different columns and every column has its own significance. While
filling up these columns normally the person filling up does not care for the wisdom behind the said
columns, which are very clear in their meanings. Column 17 is regarding . According to
the scheme of the form it reflects that this is a part of the dower and the conditions if having been
imposed regarding the dower. It cannot be interpreted anywhere that this column is regarding the
conditions after the divorce or in case of divorce, because Nikah Form clearly shows that column 18
starts from the subject of divorce and all the conditions regarding the divorce have been separately
mentioned in two different columns.
7. The proposition in hand revolves around the interpretation of column 17 of the Nikah Form.
Admittedly, the Nikah was performed between the parties on 20.11.2009, the document (photocopy of
Nikah Nama) Mark-A is admitted by both the sides and there is no objection from any side regarding
its execution. The petitioner has admitted that this Nikah Form was written in his presence and he
signed over the same but he has further stated that these conditions were not written. He, however,
has not challenged these conditions independently before any forum. Neither the petitioner has filed
an application before the concerned union council for correction of the entries if were wrongly filled
in column 17 nor brought a suit before the competent Court to get the entries corrected, meaning
thereby that Nikah Nama is an admitted document. The learned Judge Family Court while interpreting
column 17 of the Nikah Nama observed as under:-
"In support of her version plaintiff lady has also produced a copy of her Nikah Nama as mark-A,
perusal of which clearly reveals that in column No.17 of the same, following words are
mentioned:-

Above mentioned words are so ambiguous that no clear picture of these words can be drawn.
Plaintiff has stated that gold ornaments mentioned in this column were agreed to be paid as her

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dower but perusal of column No.13 and 14 of Nikah Nama of the parties clearly shows that
dower in the shape of 11-tolas golden ornaments was paid to the plaintiff at the time of her
marriage. In these circumstances when dower has already been paid to the plaintiff, gold
ornaments mentioned in column No.17 cannot be termed as dower of the plaintiff. It is also
note worthy here that column No.17 of the Nikah Nama on the basis of which plaintiff lady
has claimed the above mentioned 14-tolas golden ornaments etc, is completely silent about the
status of these ornaments etc, mode of their payment/delivery so, in these circumstances this
court is of the view that on the basis of such an ambiguous column plaintiff lady cannot be
held entitled to get these gold ornaments along with Rs.5000/- as per monthly pocket money in
the shape of her Haq Mehr."
Whereas the learned Additional District Judge while dealing with the issue interpreted the said
column otherwise and mentioned that it could be treated as deferred dower which the lady could
claim under law. The wisdom of the judgment of Additional District Judge is backed by the case of
Jehangir Khan through Attorney v. Mst. Saeeda Begum and 2 others (2020 YLR 2350), wherein
column 17 was interpreted as under:-
"As far as petitioner's claim qua house is concerned, I have examined column No.17 of the
Nikahnama dated 20.11.2009 Ex.PW-1/1, though it was not specifically mentioned that it was
given to her either in lieu of dower or as gift, however, it was also not mentioned that it was
given to her for residential purpose only. In the absence of such stipulation in the Nikahnama,
the suit house given to the wife is conclusive in nature and may be construed as a part of
dower or gift in consideration of marriage, therefore, it would be falling with the exclusive
jurisdiction of the Family court as envisaged in Section 5 read with Part-I of the Schedule of
the Family Courts Act, 1964 and it has become personal property of the respondent No.1."
Similarly, in the case of Mst. Shehnaz Mai v. Ghulam Abbas and 2 others (2018 CLC Note 104),
column 17 of the Nikah Nama was also interpreted in the same way and the property mentioned
therein was decreed in favour of wife and the said property was declared as deferred dower. There is
no other view that presumption of truth is attached to the Nikah Nama, but at the same time, if the
entries thereof are denied the same can be challenged and the party challenging the entries is under
obligation to prove that those entries were not settled between the parties at the time of Nikah, but in
this proposition there is no evidence regarding this aspect. Admittedly, the Nikah was performed in
the Majlis and all the persons whose names are appearing on the Nikah Nama (Mark-A) including the
petitioner signed over the same. Keeping in view the sequence of the scheme of Nikah Form, its
column 17 is condition of dower which in other way can be interpreted as the property belonging to
the wife after marriage and under Section 5 of the West Pakistan Family Courts Act, 1964, personal
property and belonging of the wife can be claimed by her at any time and the matter is triable by the
Family Court. Since this property/amount has not been fixed with any condition by the husband,
therefore, this will be taken as the personal property and belonging of the wife, which has been
rightly decreed by the learned Additional District Judge. The citations referred by the learned counsel
for the petitioner are not as such applicable to the present proposition.
7. For what has been discussed above, the learned counsel for the petitioner has been unable to
point out any exercise of excess of jurisdiction by the learned appellate Court. The learned counsel
for the petitioner has similarly been unable to point out any illegality or material irregularity having
been committed by the learned appellate Court. Under the circumstances this petition, having no
merit, is dismissed and the judgment and decree passed by the learned appellate Court is upheld.
There shall be no order as to costs.
MHS/R-5/L Petition dismissed.
;

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