| Case ID |
425c114d-cb49-45e3-8f53-2eec8173cdf5 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 356 of 1994 |
| Decision Date |
Feb 14, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the High Court's decision, which had modified the earlier decrees to grant the petitioner, Mst. Shamim Naz Kausar, her rightful dower as specified in the Nikahnama. The court determined that the petitioner was entitled to receive half of the house and six Kanals of land, instead of a monetary equivalent of Rs. 10,000. The court found no conditions in the Nikahnama that would allow for a substitute payment. The petitioner's claims regarding the land's ownership and the previous payment of ornaments were dismissed as irrelevant. The leave to appeal was ultimately refused, affirming the High Court's ruling. |
| Summary |
In the case of Muhammad Sana Ullah vs. Mst. Shamim Naz Kausar, the Supreme Court of Pakistan addressed the matter of dower under the West Pakistan Family Courts Act, 1964 and the Constitution of Pakistan. The petitioner was required to provide half of a house and agricultural land as dower, which was clearly stipulated in the Nikahnama. The case revolved around the interpretation of dower agreements, property rights, and the enforcement of marital contracts. The court's decision emphasized the binding nature of the Nikahnama, reinforcing the legal obligations of dower payments in accordance with Islamic law. The ruling serves as a significant reference point for future cases involving marital contracts and dower disputes, highlighting the importance of clear contractual terms. This case is crucial for legal practitioners in family law, particularly in matters concerning women's rights and property entitlements under Islamic jurisprudence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR HUSSAIN SIAL,
MIR HAZAR KHAN KHOSO
|
| Lawyers |
Nasir Saeed Sheikh, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate on Record for Petitioner,
Ejaz Ansari, Advocate Supreme Court (absent) for Respondents
|
| Petitioners |
MUHAMMAD SANA ULLAH
|
| Respondents |
2 others,
Mst. SHAMIM NAZ KAUSAR
|
| Citations |
1995 SLD 323,
1995 SCMR 1208
|
| Other Citations |
Mohammadan Law Syed Amir Ali p. 399,
Hedaya by Hamilton, p. 50
|
| Laws Involved |
West Pakistan Family Courts Act, 1964,
Constitution of Pakistan, 1973
|
| Sections |
5,
185(3)
|