Unlike General Civil Suits, Family Cases do not require Two Attesting Witnesses to prove a Dower Deed --- Supreme Court of Pakistan Upholds Widow’s Right to Dower 

Islamabad 21-02-2025: In a significant ruling on family law, the Supreme Court of Pakistan dismissed a petition challenging the Peshawar High Court’s decision in favor of a widow’s dower claim. The case, Mushtaq and Others Vs. Mst. Fatima and Others [C.P.L.A. 559-P/2024], reinforces the relaxed evidentiary standards in family cases and affirms the High Court’s authority to correct legal misapplications by lower Courts.   

The dispute arose when, the widow, sought the recovery of her dower, which included four tolas of gold ornaments, a five-marla constructed house, and Rs. 5,000 in cash. The claim was based on Dower Deed No. 38, executed at the time of marriage on January 29, 2011.  

However, the Family Court dismissed her suit, citing non-compliance with Article 79 of the Qanun-e-Shahadat, 1984, which mandates two attesting witnesses for proving a financial document. The First Appellate Court upheld this decision, leading the widow to challenge the ruling in the Peshawar High Court.  

The Peshawar High Court overturned the lower Court rulings, holding that Section 17 of the Family Courts Act, 1964, overrides the strict evidentiary standards of the Qanun-e-Shahadat in family matters. The defendants, who were the siblings of the deceased husband, then challenged the High Court’s ruling before the Supreme Court of Pakistan.  

In its detailed judgment, the Supreme Court of Pakistan upheld the High Court’s decision and provided key clarifications on the legal principles governing dower claims:  

1. The Family Courts Act, 1964, provides a more flexible approach to proving claims related to dower.  
2. Unlike general civil suits, family cases do not require two attesting witnesses to prove a dower deed.  
3. Once the execution of a dower deed is established, a non-rebuttable presumption arises regarding its enforceability.  
4. The burden of proof shifts to the defendant to prove that the dower has been paid.  
5. Since the defendants failed to provide any rebuttal evidence, the widow’s claim stood proven.     
6. The High Court acted within its jurisdiction under Article 199 of the Constitution by overturning a legally flawed decision.   
7. If lower Courts misinterpret statutory provisions, the High Court has the power to intervene and correct the error.  

The Supreme Court of Pakistan dismissed the petition filed by the deceased husband’s siblings and refused leave to appeal. This ruling confirms that:  

1. Family disputes are governed by a distinct legal framework that prioritizes fairness over strict technical requirements.  
2. A dower deed is enforceable unless rebutted by clear evidence.  
3. High Courts can step in to correct misinterpretations of family law by lower Courts.  

The Supreme Court of Pakistan referenced key case laws to support its decision, including:  

1. Kishori Lal Vs. Chunni Lal (31 All 116): On the evidentiary role of attesting witnesses.  
2. Mst. Kaneez Fatima Vs. Shahid Din (PLD 2007 SC 582): On the presumption of unpaid dower if not proven otherwise.  

Muhammad Sadiq Vs. Mst. Bashiran Bibi (2006 SCMR 1857): On High Court intervention in legally flawed judgments.

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