Column No. 13 of Nikahnama. Dower amount was mentioned as Rs. 80000/- whereas in Col. No. 14 of amount Rs. 500/- was mentioned, in Col. No. 15 it was mentioned that in case of Talaq without any cause to the plaintiff or contracting 2nd marriage, the defendant shall pay an amount of Rs. 80000/- Defendant in circumstances, was liable to pay R. 80000/- to the plaintiff on account of dower amount
*Reliance is placed on 2010 SCMR 930*
50 tolas of gold ornaments, agricultural land and 1 /2 share in a residential house were in addition to dower amount Rs. 20,00,000/- as the same were incorporated in Nikahnama through Iqrarnama. High Court modified the judgment & decree passed by the both the court below and includes properties and gold ornaments in the decree as envisaged in Nikahnama with Iqrarnama...
*Reliance is placed at 2008 MLD.1973*
Jewellery given to wife as gift by husband was mentioned in Cl. 17 of Nikahnama. High Court directed husband to hand over jewelry or its price to his wife within specified time.
*Reliance is placed at 2008 MLD 1692*
Nikahnama prevailed that if wife obtain Khula she would have to pay an amount of Rs. 250,000/- to the husband and if husband divorce wife, he would payan amount of Rs. 250,000/- to her, suit filed by wife for dissolution of marriage, condition declared against the basic principle of law.
*Reliance is placed on *2008 SCMR 186*
Commitment of the husband in Nikahnama that he shall pay that much amount to the wife in such like situation, need no determination u/s 17-A West Pakistan Family Courts Act 1964...
*Reliance is placed on PLD 2008 Lah 398*
Entries in Nikahnama are sufficient proof of transfer of property and it requires no registration or any other document for completion U/S 5 of MFLO 1961
*Reliance is placed at 2005 MLD 376*
Any condition imposed in nikahnama for the award of damages on account of alleged unjustified divorce was against the basic principle of law and such claim was not actionable before the court
*Reliance is placed on 2012 CLC 837* ; *PLD2011 SC 260, & 2008 SCMR 186*
Entry of amount made in the column No.19, of Nikahnama to the effect that husband, in case of talaq without any cause or contracting second marriage, shall pay to the wife an amount of Rs.80,000/-. Wife can file a suit in the civil court for the recovery of said amount.
*Reliance is placed on 2010MLD930*
Claim of lady accruing to her upon an unjustified divorce , by all means was a property and fell within item No.9 of schedule read with S. 5 of WPFCA 1964.
*Reliance is placed on PLD 2004 Lah 588*
Whenever any woman makes demand through filing suit for recovery of dower, person who contends that entries in nikahnama were not correct, he was bound to rebut those entries through strong evidence otherwise courts were bound to give solemn affirmation to entries in nikahnama.
*Reliance is placed at PLJ 2000 Lah 872*
Nikahnama being a public document was admissible in evidence per se as evidence of the transfer of property in lieu of dower.
*Reliance is placed on PLD 2000 Lah 236*
When husband and wife admitted nikah then production of two witnesses would not be essential.
*Reliance is placed on 2016 YLR 793*
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