Sindh High Court
Mst. Amna Shaikh (Petitioner) VS Imran Ahmed Shaikh & another (Respondent)
- Case
- Const. P. 144/2023
- Type
- Writ Jurisdictions
- Judge
- Mr. Justice Arbab Ali Hakro
- Length
- 13 pages
Summary from the court's website
A Nikahnama entry showing dower as prompt proves the obligation, not its payment. Section 10(4) of the Act of 1964 allows restoration only of dower actually received, and its relinquishment is itself the Zar-e-Khula. The Qanun-e-Shahadat being excluded by section 17, a wife's consistent account of an ordinary dowry list proves it and cannot be reduced by the Court's own estimate of her family's means.
Full judgment
Official copyJudgment dated 17.05.2023 in Family Appeal No. 01 of 2023, operative paragraph under Point No. 2.
C. P. No. S-144 of 2023 & C. P. No. S-107 of 2024 Page 2 of 15
Judgment and decree dated 16.05.2024 in Family Appeal No. 03 of 2024, operative paragraph under Point No. 2.
Prayer clause (a) of the plaint in Family Suit No. 493 of 2020, reproduced in paragraph 2 of the judgment dated 22.11.2022. The suit is numbered as of 2020 in the judgments of the courts below and as of 2021 in some of the pleadings; the numbering adopted by the courts below is followed.
C. P. No. S-144 of 2023 & C. P. No. S-107 of 2024 Page 3 of 15
Paragraph 9 of the judgment dated 27.11.2023; statement of the learned advocate for the defendant dated 25.09.2023.
C. P. No. S-144 of 2023 & C. P. No. S-107 of 2024 Page 5 of 15
The West Pakistan Family Courts Act, 1964 (hereinafter referred to as “the Act of 1964”).
C. P. No. S-144 of 2023 & C. P. No. S-107 of 2024 Page 6 of 15 Fozia Mazhar v. Additional District Judge, Jhang PLD 2024 SC 771; M. Hamad Hassan v. Mst. Isma Bukhari 2023 SCMR 1434.
Muhammad Shamim Ali v. Mst. Asma Begum 2024 SCMR 1642.
Mst. Fakhra Jabeen v. Wasif Ali PLD 2026 SC 20.
Haseen Ullah v. Mst. Naheed Begum PLD 2022 SC 686.
C. P. No. S-144 of 2023 & C. P. No. S-107 of 2024 Page 7 of 15
Form II in the Schedule to the West Pakistan Rules under the Muslim Family Laws Ordinance, 1961 (hereinafter referred to as “the Ordinance of 1961”), columns 13 to 16, read with rules 8 and 10.
Mst. Fakhra Jabeen v. Wasif Ali (n. 8 above).
Paragraphs 9 and 10 of the judgment dated 22.11.2022.
Muhammad Yousaf v. Huma Saeed 2024 SCMR 1078.
C. P. No. S-144 of 2023 & C. P. No. S-107 of 2024 Page 8 of 15
Cross-examination of respondent No. 1 recorded on 03.04.2023 in Family Suit No. 85 of 2021.
Cross-examination of respondent No. 1 dated 08.11.2022 in Family Suit No. 493 of 2020.
C. P. No. S-144 of 2023 & C. P. No. S-107 of 2024 Page 9 of 15
Muhammad Aslam v. Mst. Suraya PLD 2000 Lahore 355, paragraphs 8 to 10 whereof are reproduced in the first impugned judgment.
Proviso to section 10(4) of the Act of 1964. The West Pakistan Family Courts (Sindh Amendment) Act, 1997 (Sindh Act No. II of 1997) does not touch section 10.
Mst. Rafia Yaqoob v. Suleman Ayub 2026 SCMR 561.
C. P. No. S-144 of 2023 & C. P. No. S-107 of 2024 Page 11 of 15 Section 14(2)(a) of the Act of 1964.
Dr. Seema Hanif Khan v. Waqas Khan PLD 2026 SC 91.
Section 17 of the Act of 1964; Shafique Sultan v. Mst. Asma Firdous 2017 SCMR 393.
C. P. No. S-144 of 2023 & C. P. No. S-107 of 2024 Page 12 of 15 Paragraphs 11 to 14 of the judgment dated 27.11.2023.
Cross-examination of respondent No. 1 dated 03.04.2023 (n. 14 above).
Cross-examination of Irfan Ali recorded on 03.04.2023 in Family Suit No. 85 of 2021.
C. P. No. S-144 of 2023 & C. P. No. S-107 of 2024 Page 13 of 15 Shafique Sultan v. Mst. Asma Firdous (n. 21 above).
Paragraphs 15, 16 and 17 of, and the decree drawn upon, the judgment dated 27.11.2023.
Shafique Sultan v. Mst. Asma Firdous (n. 21 above).
Shafqat Ali v. Mst. Zaib Un Nisa 2026 SCMR 494.
Text extracted from the court's PDF and reflowed for reading. The court's official copy is authoritative.
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