- —evidence for proving Radhat)رضاعت(— of foster brother and sister—evidence of alleged fostering mother sufficient for proving as such—but reliance cannot be made without strong corroboration—where existence of hatred and enmity obvious–Contention of appellant that Nikah of plaintiff-respondent with another person was invalid as spouses are foster brother and sister– Held: although the evidence of a lady who had fed her breast to any child is considered sufficient to probe the Radhat)رضاعت(, but where the element of hatred and enmity is obvious, reliance cannot be placed on such evidence without strong corroboration. The Shariat Court rightly decreed the suit for jactitation of marriage, filed by respondent— Statement of mother of respondent, postscript and invented and not a valid evidence. Evidence of mother of plaintiff-respondent not relied and contention repelled. Tanveer Ahmed v. Aalia Nazir & others 2019 SCR 516 (C)
- —Jurisdiction of Mufti or Qazi—do not have powers to entertain or declare the Nikah as illegal—Only Court, empowered under the Family Courts Act, 1993, has the jurisdiction to entertain any proceedings or declare the Nikah of the spouses illegal. Mere fact that the person of locality has not performed the Nikah does not invalidate the same. Ayaz Hussain & another V. State & 10 others 2020 SCR 775 (C)
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