| Case ID |
ea3b4c15-8f80-4daa-84cf-2394e2ac3ffe |
| Body |
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| Case Number |
Writ Petition No. 7350 of 1993 |
| Decision Date |
Mar 20, 1997 |
| Hearing Date |
Mar 10, 1997 |
| Decision |
The Lahore High Court allowed the petition, setting aside the judgment and decree of the Appellate Court which had dismissed the wife's suit on the basis of a relinquishment deed. The Court emphasized that the relinquishment of dower under Muhammadan Law cannot be extinguished on conjectures and should be determined based on the woman's free consent. The Court affirmed the Family Court's decision that recognized the wife's claim to dower, citing that the relinquishment was executed under coercion and undue influence, particularly given the circumstances surrounding the petitioner's father's police custody at the time of the deed's execution. |
| Summary |
In the case of Mst. Jamila Bibi vs Mian Khan, the Lahore High Court adjudicated on a writ petition concerning the wife's claim for dower (Haq-ul-Meher) following a divorce. The petitioner sought recovery of Rs. 20,000 as dower money and gold ornaments. The marriage was formalized through a registered Nikahnama, which specified the dower amount. The petitioner argued that a deed of relinquishment for the dower was executed under coercion, as her father was in police custody, thus impacting her free will. The Court highlighted the importance of verifying consent in relinquishment deeds under Muhammadan Law, noting that any such relinquishment should not be the result of undue influence or coercion. The High Court ultimately restored the Family Court's decree in favor of the petitioner, emphasizing the enforceability of dower as a debt and the necessity of free consent in legal agreements. This case underscores the protection of women's rights in marital contracts and the legal obligations of husbands regarding dower payments. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Mrs. Fakhar-un-Nisa Khokhar, J
|
| Lawyers |
Mian Muhammad Nawaz for Petitioner,
Malik Muhammad Ashhab for Respondent
|
| Petitioners |
Mst. Jamila Bibi
|
| Respondents |
another,
Mian Khan
|
| Citations |
1997 SLD 451,
1997 PLD 417
|
| Other Citations |
Shah Bano Begum v. Iftikhar Muhammad Khan PLD 1956 (W.P.) Kar. 363
|
| Laws Involved |
Contract Act, 1872,
Constitution of Pakistan, 1973
|
| Sections |
63,
199
|