| Case ID |
466a5bf3-aaa7-4ad8-8340-fc09b9a16fd7 |
| Body |
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| Case Number |
Civil Petitions Nos. 154 and 155 of 2019 |
| Decision Date |
Feb 07, 2020 |
| Hearing Date |
Feb 07, 2020 |
| Decision |
The Supreme Court of Pakistan dismissed the suit filed by Mst. Mehreen Mansoor for recovery of property claimed as dower from her mother-in-law and father-in-law. The court held that the mother-in-law was not a signatory to the Nikahnama and did not authorize her husband to transfer the property. The court clarified that the husband had no right to his wife's property nor could he guarantee or encumber it without her permission. The decision emphasized the importance of including necessary parties in family suits, highlighting that the husband should have been made a party to the suit. Mst. Mehreen was entitled to claim her dower from her husband, but her claim to the property was dismissed due to lack of evidence supporting her assertion of ownership under the law. |
| Summary |
This case revolves around the rights of women regarding property ownership under Islamic law and the Family Courts Act. Mst. Mehreen Mansoor claimed a house as part of her dower from her in-laws after 16 years of marriage. The Supreme Court ruled that her mother-in-law, Mst. Khurshida, who owned the property, was not a signatory to the Nikahnama and had not transferred any rights to it. The court underscored that under the Transfer of Property Act, a husband cannot transfer or encumber his wife's property without her consent. This judgment reinforces women's rights to property and dower claims, emphasizing that each marriage's terms must be respected independently. The ruling is significant in the context of family law and women's rights in Pakistan, highlighting the need for clear legal frameworks to protect women's property rights. The case also reiterates the importance of including all necessary parties in legal proceedings to ensure fair representation and resolution of disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Qazi Faez Isa,
Sardar Tariq Masood,
Fawad Ishaq
|
| Lawyers |
M. Munir Piracha,
Mehmood A. Sheikh,
Sardar Muhammad Aslam,
Ch. Akhtar Ali,
Imtiaz Ali,
Haji M. Zahir Shah,
Amir Javed,
H.M. Zahir Shah
|
| Petitioners |
Mst. Mehreen Mansoor
|
| Respondents |
Haji Muhammad Ishaq Jan,
Mst. Khurshida Ishaq
|
| Citations |
2020 SLD 740,
2020 PLD 269
|
| Other Citations |
PLD 2010 Lah. 119
|
| Laws Involved |
Family Courts Act, 1964,
Transfer of Property Act, 1882
|
| Sections |
5,
41
|