| Case ID |
00a5c070-240e-4ff7-9115-bf4f06d077c4 |
| Body |
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| Case Number |
Civil Petition No. 432 of 1993 |
| Decision Date |
Nov 27, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in the case where the petitioner, Mst. Faqraz Bibi, sought to assert her ownership rights over a house based on an entry in the Nikahnama, which indicated that the house was given to her as dower at the time of marriage. The Lahore High Court initially favored the petitioner and respondent No.3, but upon appeal, the first appellate court reversed certain findings, leading to the dismissal of the Civil Revision Application No.301 of 1993. The petitioner argued that she had been exercising proprietary rights over the house without any interference from the respondents, and that the Nikahnama signed by respondent No.1 confirmed the stipulations regarding the property. The Supreme Court recognized the need to examine these contentions and thus granted leave to appeal to consider the merits of the petitioner's claims. |
| Summary |
In the landmark case Civil Petition No. 432 of 1993 heard by the Supreme Court of Pakistan on November 27, 1993, the petitioner, Mst. Faqraz Bibi, sought to establish her ownership of House No.Y-753 in Dhok Ratta, Rawalpindi. The claim was based on an entry in the Nikahnama, a matrimonial contract, which stipulated that the house was given to her as dower amounting to Rs.1,00,000 at the time of her marriage. The petitioner asserted that she had been exercising uninterrupted proprietary rights over the property, supported by the signatures of both her husband and his father on the Nikahnama, thereby confirming the stipulations regarding the house. Initially, the Lahore High Court ruled in favor of the petitioner and respondent No.3, but this decision was challenged by the respondents, leading to an appeal. The first appellate court reversed certain findings related to issue No.4, resulting in the dismissal of the Civil Revision Application No.301 of 1993. The Supreme Court acknowledged the petitioner's contention regarding the clear entries in the Nikahnama and the evidence of her proprietary rights, deeming the examination of these claims essential. Consequently, the Supreme Court granted leave to appeal, allowing a comprehensive review of the merits of the case. This case underscores the significance of matrimonial contracts in property disputes and the judicial system's role in upholding contractual agreements within the framework of the Muslim Family Laws Ordinance and the Constitution of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Constitution of Pakistan (1973),
Rawalpindi Bench,
Nikahnama,
Muslim Family Laws Ordinance (VIII of 1961)
|
| Judges |
MUHAMMAD RAFIQ TARAR,
SAEEDUZZAMAN SIDDIQUI
|
| Lawyers |
Not available
|
| Petitioners |
Mst. FAQRAZ BIBI
|
| Respondents |
ELAHI BAKHSH and others
|
| Citations |
1994 SLD 651,
1994 SCMR 686
|
| Other Citations |
Not available
|
| Laws Involved |
Muslim Family Laws Ordinance (VIII of 1961),
Constitution of Pakistan (1973)
|
| Sections |
S. 5 (5),
Art. 185(3)
|