| Case ID |
40f55707-205c-4a5a-aa4d-bf27ed2bacab |
| Body |
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| Case Number |
Civil Petition No. 1451 of 2020 |
| Decision Date |
Nov 07, 2022 |
| Hearing Date |
Nov 07, 2022 |
| Decision |
The Supreme Court dismissed the civil petition for leave to appeal against the judgment of the Lahore High Court. The Court held that the husband-petitioner, who had applied for a special oath regarding the recovery of dower and dowry articles, could not resile from his offer after it was accepted by the wife-respondent. The Court emphasized the binding nature of the special oath under the provisions of the Oaths Act, 1873, which was deemed conclusive against the party making the offer. Consequently, the Court upheld the Family Court's decree for the recovery of dower and dowry articles, highlighting the mutuality of the promise and the obligation to implement the agreement once the special oath was taken. |
| Summary |
In the landmark case of Sajid Mehmood vs. Mst. Shazia Azad, the Supreme Court of Pakistan addressed the implications of the Family Courts Act, 1964 and the Oaths Act, 1873, particularly concerning the recovery of dower and dowry articles in family law disputes. The case arose when the husband-petitioner sought a special oath from the wife-respondent regarding the dowry articles allegedly provided at the time of marriage. The Court ruled that once the wife accepted the offer and took the special oath, the husband was bound by his promise and could not withdraw it without satisfactory cause. This decision reinforces the legal principle that an agreement made under the Oaths Act creates binding obligations on the parties involved. The Supreme Court's ruling emphasizes the importance of mutual consent and the enforceability of agreements made in family law contexts, ensuring that parties cannot easily evade their commitments after accepting an oath. This case highlights the evolving landscape of family law in Pakistan, particularly in relation to the rights of women regarding dowry and dower, and sets a significant precedent for future cases involving similar issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood,
Amin-ud-Din Khan,
Muhammad Ali Mazhar
|
| Lawyers |
Raja Mehfooz Ali,
Syed Rifaqat Hussain Shah
|
| Petitioners |
Sajid Mehmood
|
| Respondents |
Others,
Mst. Shazia Azad
|
| Citations |
2023 SLD 22,
2023 SCMR 153
|
| Other Citations |
Muhammad Ali v. Major Muhammad Aslam and others PLD 1990 SC 841,
Muhammad Mansha and 7 others v. Abdul Sattar and 4 others 1995 SCMR 795,
Mahmood Ali Butt v. Inspector-General of Police, Punjab, Lahore and 10 others PLD 1997 SC 823,
Mst. Asifa Sultana v. Honest Traders, Lahore and another PLD 1970 SC 331,
Muhammad Akbar and another v. Muhammad Aslam and another PLD 1970 SC 241,
Attiqullah v. Kafayatullah 1981 SCMR 162,
Muhammad Rafique and another v. Sakhi Muhammad and others PLD 1996 SC 237,
Maulvi Muhammad Ramzan v. Muhammad Ismail 1982 SCMR 908,
Saleem Ahmad v. Khushi Muhammad 1974 SCMR 224
|
| Laws Involved |
Family Courts Act, 1964,
Oath Act, 1873
|
| Sections |
5,
17,
8,
9,
11
|