-Family Court dismissed the suit for recovery/possession of house in lieu of dower to be paid by husband in terms of Column No. 16 of Nikahnama--

 Citation Name: 2019 CLC 1475
LAHORE-HIGH-COURT-LAHOREBookmark this Case
SHAZIA PARVEEN VS ADDITIONAL DISTRICT JUDGE

S. 5, Sched.---Civil Procedure Code (V of 1908), O. XII, R. 6---suit for recovery of dower---Judgment on admission--
-Family Court dismissed the suit for recovery/possession of house in lieu of dower to be paid by husband in terms of Column No. 16 of Nikahnama---Plea of wife was that an agreement was executed by husband in her favour relating to transfer of house as dower--- Husband claimed that the said dower was paid in cash---Trial Court dismissed the suit on the admission of wife that dower had been received by her---Validity---Trial Court had not mentioned in what perspective such admission was made and what was the mode of payment of dower to the wife in terms of her admission---Admission of wife had been considered in piecemeal before using the same for decision---Admission had to be rejected or accepted as a whole which had not been done by the courts below---Constitutional petition was partly allowed and the matter was remanded to the Trial Court for decision afresh.

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