Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964) --- ----S. 5, Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Recovery of dower---Terms and conditions of Nikah/marriage---Consent of father of husband to give his daughter-in-law a specific property in lieu of dower---Effect---Wife filed a suit for recovery of share of her husband in his father's house which was fixed as dower in the Nikah Nama---Suit was decreed by the Family Court but same was dismissed by the Appellate Court---Validity---Marriage between the parties was solemnized and Nikah Nama was scribed with regard to nature and quantum of dower---Terms and conditions for Nikah/marriage were settled by the elders of bride and bridegroom---Nikah Nama/agreement was duly registered---Share of husband, in the house of his father, had been given to the wife in the said Nikah Nama which bore his (father's) signature---Attesting witnesses of Nikah Nama had supported the same---Husband could not give any property in dower to his wife which did not belong to him but, in the present case, the father of bridegroom had consented and agreed to do so---Father of husband had no liability to give the debts of his son but when he had consented to give his daughter-in-law the specific property or portion of the same as her share in lieu of dower, father-in-law would assume the direct liability and stood surety---Father of husband was present at the time of Nikah having full knowledge of terms and conditions of Nikah Nama, and he agreed to give his house (to the extent of share of his son) to his daughter-in-law---No objection/legal action was initiated to exclude the said house from the Nikah Nama by the father of husband till filing of present suit by the wife---House in question (to the extent of share of husband) as mentioned in the Nikah Nama as dower albeit which did not belong to husband should be transferred to the wife---Impugned judgment and decree, passed by the Appellate Court, was modified and wife was declared to be entitled to the ownership of house in question (to the extent of share of husband) or in the alternative to its present market value determined by the Executing Court during…

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