“Whether the entry of column No.16 of Purt Nikah
can be entertain-able by the Judge Family Court?”
The columns No. 13 to 16 of Nikah Nama, which relates to dower,
shows that in these specific columns, anything mentioned therein is
the dower or the part of dower. The specific question whether the
entry of column No. 16 can be treated as dower has already been
examined by the apex Court in the case titled “Mst. YASMEEN BIBI versus MUHAMMAD GHAZANFAR KHAN and others” (PLD 2016 SC
613), whereby it is held that an undertaking given in the Nikah Nama
that certain property/land shall be transferred in the name of wife and
she would be exclusive owner of the same, then such an undertaking
can be construed as a part of dower or a gift to wife in consideration
of marriage, therefore, it would fall within the exclusive domain of
the Family Court to pass a decree in relation to such property/land.
Used in Judgment of
Lahore High Court
Writ Petition-Family-Maintenance
11306-15
2017 LHC 2850
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