Ss. 2(d) & 5, Sched.---dower, recovery of---suit against mother-in-law--

 Citation Name: 2019 YLR 605
PESHAWAR-HIGH-COURTBookmark this Case
FAWAD ISHAQ VS Mrs. MAHREEN MANSOOR

Ss. 2(d) & 5, Sched.---dower, recovery of---suit against mother-in-law---Concurrent findings of two courts below--suit was filed by plaintiff against her ex-husband and ex-mother-in-law for recovery of dower in shape of constructed house which was in name of her mother-in-law---Family Court and Lower Appellate Court concurrently decreed suit and appeal in favour of plaintiff---Validity---Nikahnama was signed by father-in-law of plaintiff as guarantor and consented that house in question would be given to plaintiff in lieu of dower---House in question was in ownership of ex-mother-in-law of plaintiff---dower in shape of cash amount and gold ornaments was already paid to plaintiff by her husband---Remaining part of her dower concerned the defendant (mother-in-law)---Plaintiff had rightly filed suit against her mother-in-law for recovery of dower---Family Court had jurisdiction to try and adjudicate upon such suit filed by plaintiff---Judgments of two courts below were well-reasoned and were based on proper appreciation of evidence and law on the subject---Defendants failed to point out any jurisdictional defect or violation of any law in judgments passed by two courts below---High Court, in exercise of its Constitutional jurisdiction maintained judgments and decrees passed by two courts below---Constitutional petition was dismissed in circumstances.

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