--Gold ornaments and a constructed house was incorporated in the Nikahnama as "dower" at the time of marriage-

 Citation Name: 2019 YLR 84
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Mst. RUKHSANA MAJEED VS ADDITIONAL DISTRICT JUDGE

S. 5 & Sched.---suit for recovery of dower---Gold ornaments and a constructed house was incorporated in the Nikahnama as "dower" at the time of marriage---Execution of exhibited agreement admitted by the party---Effect--Petitioner/ ex-wife contended that Appellate Court had wrongly set aside the decree passed by the Family Court as written agreement exhibited by the respondent/ex-husband was disbelieved by the Family Court---Respondent contended that petitioner had waived off the right incorporated in Nikahnama in light of agreement between the parties duly written on stamp paper---Validity---Record revealed that petitioner/plaintiff (ex-wife) had admitted the fact that she purchased the stamp paper, mentioning certain serial number and date, which contained her signature as well as thumb impression; she also admitted that she signed the stamp paper after the same was written---Record revealed that document exhibited by the respondent bore the serial number and date as referred to by the petitioner--Respondent produced not only attesting witnesses and the scribe of said exhibited document , but also one witness to prove the purchase of exhibited stamp paper---Witnesses proved the fact that the petitioner had waived her dower in favour of the respondent while she admitted the execution of the document exhibited by the respondent---Appellate Court had rightly appreciated the evidence on record---High Court upheld the impugned decree and judgment passed by the Appellate Court----Constitutional petition was dismissed accordingly.