-Payment of deferred dower---Payment of dower by husband was not established on record--

 Citation Name: 2019 CLC 1462
LAHORE-HIGH-COURT-LAHOREBookmark this Case
Syed SAJJAD HUSSAIN VS JUDGE FAMILY COURT

S. 5, Sched.---suits for recovery of dowry articles by wife and for restitution of conjugal rights by the husband--Payment of deferred dower---Burden of proof---Scope---Plea of wife was that she had been divorced and husband claimed that he had not divorced the wife and had paid the deferred dower---Validity---High Court, on the basis of husband's plea that dower had already been paid, observed that the parties through their conduct had modified the condition for payment of dower on wife's demand instead of waiting for the dissolution of marriage through divorce or death---Husband was required to prove through cogent and confidence inspiring evidence that either he had not agreed to pay the deferred dower or after having agreed to pay the same had actually made the said payment---Husband was estopped by his conduct to claim that deferred dower was not payable during subsistence of marriage as he claimed to have paid the dower on wife's demand---Statement of witness, produced by husband, was sketchy and he did not state that he was a witness to said payment---Payment of dower by husband was not established on record---Trial Court was justified to decree the suit filed by wife for recovery of deferred dower---Constitutional petition, being devoid of force, was dismissed.