Nikah can be entertain-able by the Judge Family Court?”

7. At the first instance with regard to issue of dower, it has to be examined that:-

“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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