S. 5, Sched.---suit for recovery of dower and maintenance allowance---Principles---Payment of dower on behalf of grandfather---

 Citation Name: 2020 MLD 1091

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ABDUL ALI VS Mst. SANI

S. 5, Sched.---suit for recovery of dower and maintenance allowance---Principles---Payment of dower on behalf of grandfather---Scope---Dower deed---Proof of---Grandfather of defendant-husband promised to transfer landed property as a dower in favour of wife of his grandson through dower deed---Contention of defendant-husband was that he had not executed dower deed in favour of plaintiff-wife---suit was decreed concurrently---Validity---Scribe and marginal witnesses of dower deed had expired but plaintiff-wife had substantiated the execution of the dower deed by producing sons of said deceased witnesses---Entire dower as per dower deed was outstanding against the defendanthusband---Grandfather of defendant being his elder agreed to transfer landed property to the wife of his grandson through dower deed which had his signature and he stood surety for the same---Property which had been mentioned in the dower deed as dower for plaintiff even if it did not belong to the defendant should be transferred to the wife--Father or grandfather could transfer movable as well as immovable property as dower on the eve of marriage of his son/grandson---If anyone had stood surety or had guaranteed the payment of dower then he was as much party and liable to pay the same as bridegroom himself---Presence of wife at the time of execution of dower deed/agreement was not necessary as same was not a commercial transaction---Marriage in the present case was arranged one and its terms and conditions had been settled amongst elders of the families---Dower deed had been proved on behalf of plaintiffwife---Grandfather of defendant had expired and inheritance mutation to the extent of share of plaintiff was illegal and void---Wife had right to refuse conjugal rights of her husband in case of non-payment of dower---Desertion of plaintiff in her parents' house could not be considered as her disobedience when her dower was outstanding against the husband---Defendant was bound to maintain his children and disclose his financial status before the Family Court--Defendant had not disclosed his earning which showed that maintenance allowance fixed by the Courts below was within his means---Family Court had discretion to grant annual increase in the maintenance allowance---No misreading or non-reading of evidence had been pointed out in the impugned judgments passed by the Courts below--Constitutional petition was dismissed in limine, in circumstances.