Waived of Dower By Wife

2019 Y L R 84

[Lahore (Bahawalpur Bench)]

Suit for recovery of dower—Gold ornaments and aconstructed house was incorporated inthe Nikahnama as “dower” at the time of marriage—Execution ofexhibited agreement admitted by theparty—Effect—Petitioner/ ex-wife contended that Appellate Court had wronglyset aside the decree passed by the Family Court as written agreement exhibitedby the respondent/ex-husband was disbelieved by theFamily Court—Respondentcontended that petitioner had waived off the right incorporated inNikahnamain light of agreement between the parties duly written on stamppaper—Validity—Record revealed that petitioner/plaintiff (ex-wife) hadadmitted the fact that she purchasedthe stamp paper, mentioning certainserial number and date, which contained her signature<spanstyle=’mso-spacerun:yes’> as well as thumb impression; she alsoadmitted that she signed thestamp paperafter the same was written—Record revealed that document exhibited by therespondent bore the serial number anddate as referred to by the petitioner—Respondentproduced not only attesting witnesses and the scribe of said exhibited document, but also one witness to prove thepurchase of exhibited stamp paper—Witnesses proved the fact that etitioner had waived her dower in favour of the respondent while she admitted the execution of thedocument exhibited by the respondent—Appellate Court had rightly appreciatedthe evidence on record—High Court upheld the impugned decree and judgmentpassed by the Appellate Court—-Constitutional petition was dismissed accordingly

Post excerpts

Leave a Reply

Your email address will not be published. Required fields are marked *