Recovery of Dower 2010 PLD 119 Case Laws, Section 5 & Sched. —Constitution of Pakistan (1973), Art.199—Constitutional petition—Dower property—House—Not in name of husband—Effect—Plaintiff (wife) filed suit for recovery of dower, comprising a house and gold ornaments, dowry articles or Rs.159,500 in lieu thereof , as well as maintenance of herself and the minor—Defendant (husband) filed written statement wherein he asserted that he did not own the house described in the nikahnama—During pendency of suit, defendant died and the parents, brothers and sister of the defendant were impleaded as defendants—Trial Court partially decreed the claim of the plaintiff to the extent of house in haq mehr and dowry articles as per list or its value to the. sum of Rs.100,000 and further maintenance of the plaintiff and minor as Rs.700 and Rs.1500 respectively, per month from the date of judgment, with 10% increase till the age of majority of the minor—Appellate Court on appeal dismissed the same—Validity—Husband as a rule, could not give as dower property that did not belong to him but belonged to someone else including his father—Exception to this rule could be found if it was shown that the father of the husband agreed to do so—In spite of having knowledge that his house had been given as dower in nikahnama, the father of the husband never took any step to take any legal action for exclusion of the house from nikahnama—House mentioned in the nikahnama as dower even though, it did not belong to the husband was liable to be transferred to the plaintiff as the father of the husband had given his consent for the same—Liability of the grandfather to pay maintenance for the minor would include past maintenance as well as future maintenance as’ the grandfather was responsible to maintain his grandchildren in absence of the father or on the inability, of the father to maintain his children—Constitutional petition was dismissed by High Court.
Recovery of Dower 2010 PLD 119 Case Laws
