Suit for recovery of dower can validly be filed against father-in-law

PLD 2023 Lahore 446

Suit for recovery of dower can validly be filed against father-in-law

Suit for recovery of dower --- Wakeel of Nikahnama , liability of - Scope - Plaintiff claimed deferred dower by filing a suit against her father - in - law ( defendant ) as he had acted as a wakeel of her late husband --- Validity- .. Defendant was a party to the Nikahnama and his name was clearly mentioned in column No. 9 as the ' wakeel of the bridegroom Nikahnama also bore his thumb impression --- Undeniably , it was primarily duty and obligation of the husband to pay dower to his wife --- However , there was no bar or prohibition on another person binding himself as a surety by putting his signature on the Nikahnama , ensuring the payment --- Such a surety cannot wriggle out from this legal obligation when a suit for the recovery of dower is brought against him by the wife

Suit for recovery of dower --- Wakeel in Nikahnama , liability of --- Scope --- Family Court under Section 5 of the Family Court Act , 1964 had exclusive jurisdiction to entertain . hear and adjudicate upon matters specified in Part I of the Schedule to the said Act and there was no barring provision that while claiming dower from the husband , only bridegroom / husband can be impleaded in the suit for recovery of dower and none else --- If another person has stood surety or has guaranteed the payment of dower , he / she can lawfully be impleaded in the suit --- Surety and guarantor to the dower are as much party and liable to pay dower as the bridegroom himself . 

Suit for recovery of dower --- Wakeel ( Father in - law ) in Nikahnama , liability of --- Scope --- Word ' wakeel ' is synonymous to English word agent ---- Agency may be created expressly i.e. in writing or through implication ; it can even be inferred from the circumstances of the case , from things spoken or written or on the basis of ordinarily course of dealings --- By creating agency , the principal confers certain authorities to agent and agent owes certain liabilities in exchange towards principal --- Agency remains intact unless rescinded or some act of agent renders him incapable of continuing his authority --- Normally agent is not held responsible for enforcement of contract entered by him on behalf of the principal --- However , under Islamic law a departure to the general rule in case pertaining to the marriage has been made , particularly , where father had acted as a wakeel of his son / bridegroom --- In absence of tangibly expressed repudiation of such authority the agent / wakeel cannot get rid of the liabilities imposed upon him being wakeel / father of bridegroom .