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Judgments on Qanun-e-Shahadat Order 1984
Pakistani court judgments that consider Qanun-e-Shahadat Order 1984, summarised in plain English, newest first. Each gives the issue, what the court held and what it means in practice, and is reviewed by an advocate.
4 judgments
Supreme Court: Nikahnama columns 13–16 must be read together when deciding dower
Mst. Farwa Noreen v. Hassan Ali Agha and others
Issue: How should courts read the dower entries in a Nikahnama (columns 13 to 16), what is the Nikahnama's legal status, and what…
Held: Deciding questions of law only, the Court held that columns 13 to 16 are complementary and together record the total dower agreed; that the Nikahnama is the official record and primary, but rebuttable, evidence of a marriage already concluded, not…
Art. 102, Qanun-e-Shahadat Order 1984Art. 103, Qanun-e-Shahadat Order 1984Art. 105, Qanun-e-Shahadat Order 1984Art. 129, Qanun-e-Shahadat Order 1984
Gold ornaments claimed as dowry need strong proof; an affidavit of uncertain origin is not enough
Abdul Jabbar v. Mst. Saba Kausar, etc.
Issue: Could a decree for gold ornaments (a bracelet, two rings and a 3-tola necklace) claimed as dowry stand, where the courts below…
Held: No. A bride ordinarily keeps her gold ornaments, so a wife claiming them from the husband must plead and prove how he came to take them, whether during good relations or by snatching; section 7(2) of the Family Courts Act…
Art. 199, Constitution of Pakistan 1973Art. 2, Qanun-e-Shahadat Order 1984s.7, Family Courts Act 1964
A property transfer soon after marriage, with no sign of payment, can discharge dower
Tanveer Ahmed v. District Judge, Rahim Yar Khan, etc.
Issue: Was four marlas of land, mutated to the wife as an 'oral sale' from her father-in-law within a month of the marriage,…
Held: Payment of dower. The husband bought the land from his father and had it mutated directly to his wife within a month of the marriage, with no consideration from her; she admitted in cross-examination that her husband had transferred the…
Art. 129, Qanun-e-Shahadat Order 1984Art. 199, Constitution of Pakistan 1973
Full dower once Nikah and consummation are proved; a house’s value is assessed at today’s market price
Benish Ghaffar v. Additional District Judge and 2 others (with connected petitions)
Issue: Where a husband denied the marriage altogether but the registered Nikah was proved, could the courts below award only half the dower…
Held: No. Once the Nikah was proved through the Nikah Khawan and the Union Council Secretary and the husband's denial failed, consummation was a private matter that needed no further proof, no issue had been framed on it, and the later…
Art. 128, Qanun-e-Shahadat Order 1984Art. 199, Constitution of Pakistan 1973