It has
been held by apex court in the case reported as “Mst. Yasmeen
Bibi v. Muhammad Ghazanfar Khan and others”(PLD 2016
S.C. 613) that undertaking given in the Nikahnama that certain
property/land shall be transferred in the name of the wife and she
would be exclusive owner of the same----such an undertaking could
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. In
the instant case, as per contents of Nikahnama, it is clear that Rs.200,000/-, five Tola gold ornaments and 07 Marla plot along
with constructed house was fixed in consideration for marriage and
defendant has failed to brought on record any evidence establishing
that he had provided funds for purchase of plot in favour of
plaintiff. Similarly he has also raised plea that plaintiff has been
paid total dower but this version of defendant is also not supported
with any piece of evidence.
Part Of Judgment
Lahore High Court
Writ Petition-Family-Dower
8446-14
2017 LHC 579
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