Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Lahore High Court on 2024-11-11, officially reported as 2025 YLR 720. In this matter between Mst. Shaista Hameed and Additional Deputy Commissioner (General), District Mianwali and 4 others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Anwaar Hussain Title:Mst. Shaista Hameed vs Additional Deputy Commissioner (General),

District Mianwali and 4 others Case No.: Writ Petition No. 2502 of 2024 Date of Judgment:2024-11-11 Reported As: 2025 YLR 720 Result: Petition allowed Judgment

ORDER ANWAAR HUSSAIN, J. It is the case of the petitioner that any dispute regarding the sanctity of the Nikahnama, which is a registered document under the law, is to be determined by the Family Court to the exclusion of all other authorities including the Civil Court as held in case reported as "Muhammad Yousaf v. Additional District Judge, Multan and others" (2023 SCMR 1002) and therefore, respondent No.1/Additional Deputy Commissioner (General), District Mianwali, had no authority to pass the impugned order. Conversely, learned counsel for respondent No.3 submits that prior to the case of Muhammad Yousaf supra, the Deputy Commissioner being the controlling authority was vested with the power to decide the matter qua the genuineness of the Nikahnama and in the present case Nikah Khawan appeared before respondent No.1 and categorically deposed that the disputed entries were interpolated and hence, nothing will turn around in favour of the petitioner even if the matter is tried by the Family Court where statedly petitioner's suit, inter alia, for recovery of dower is pending. 3. Heard. 4. There is no cavil to the proposition that the Nikahnama is a registered document, to which presumption of truth is attached and whenever a party (mostly wife) institutes a suit for recovery of dower or for, enforcement of any right thereunder, unless the interpolation is proved, the Court leans in her favour on the basis of presumption of truth, which is certainly rebuttable. In the instant case, statement of Nikah Khawan before an authority under the law has its own evidentiary value,

---

## Page 2

which can only be determined by the Court of competent jurisdiction where the matter is pending. Therefore, impugned order dated 19.08.2024 is set aside with the observation that the respondent can always rely upon the proceedings recorded before the Additional Deputy Commissioner (General)/respondent No.1, including statement of the Nikah Khawan, however, its veracity and the evidentiary value thereof will be determined by the Family Court concerned. 5. The petition is allowed in above terms.

Related Legal Research & Directories

• Browse all judgments from Lahore High Court
• Browse Pakistani court decisions from the year 2024
• Search Pakistani statutes: Constitution of Pakistan 1973, PPC, CrPC, CPC & Family Laws
• Analyze this case with Al Wakeelo AI Legal Assistant