نکاح نامہ میں حج ، عمرہ اور زیارات پر لیجانے کا اقرار بھی حق مھر کے زمرے میں آتا ھے

The factum of taking of spouse for Ziariat and Hajj falls within the concept of ‘dower’ per se.........

The crux of the matter derived from the Holy Quran as well as Sunnah and the case law is that dower need not be in the form of tangible goods but also can be in the form of services. In the instant case, in the Nikah Nama, along with sum of Rs.5000/- as dower, it was mentioned that respondent No.3 shall take the petitioner for Ziarat to different countries, if he has the ability to do so and for performance of Hajj. The factum of taking of spouse for Ziariat and Hajj falls within the concept of ‘dower’ per se, however, it can be seen from Nikah Nama that a rider has been added that if husband/respondent No.3 ought to have the ability for the same.

The dower cannot be a conditional promise or consideration; it has to be absolute, even though it may be deferred or Mu’wajjal. In the instant case, respondent No.3 has led the evidence that he is not a person of means and no evidence even was led by the petitioner as to the conditionality that respondent No.3 has the means to pay the same. The conditional aspect of the promise takes the clause out of ambit of ‘dower’ and as has been rightly observed by the trial court as well as appellate court that it is an actionable claim. Even-otherwise, even it is regarded that it is dower, even then, the petitioner has not led any evidence as to the means of respondent No.2 in support of her claim. Likewise, there is no jurisdictional or legal defect in respect of findings rendered by respondents No.1 & 2 regarding partial dismissal of claim pertaining to gold.

CASE NO. : W.P. NO.945-2018

Tehreem Aamir Vs. The Additional District Judge-III, (West) Islamabad etc.