Case Details

Citation(s)
2017 SLG 254 2017 SLD 254 2017 PLJ 41
Supreme Court of Pakistan
Civil Petition No. 1088 of 2016, decided on 22.9.2016, Date of hearing: 22.9.2016
ANWAR ZAHEER, JAMALI, CHEIF, JUSTICE, SH. AZMAT SAEED, JUSTICE & UMAR ATA BANDIAL, JUSTICE
Syed Riaz-ul-Hassan Gillani, ASC and Ch. Akhtar Ali, AOR (absent) for Petitioner. Mr. Muhammad Kokab Iqbal, AOR/ASC for
Respondent No. 1. Nemo for
Respondent No. 2.

GHANIA HASSAN

VS

SHAHID HUSSAIN SHAHID AND Another

Law:

Section:

Muhammadan Law---- --------S. 287----Dower as settled between spouses can be increased subsequently----A dower once agreed between parties could not be subsequently increased by spouses----Such a proposition would be contrary to settled law. Dower---- --------Addition of dower----Question of----It is now a settled proposition of law that dower can be fixed before marriage and at time of marriage or thereafter----Furthermore, dower once settled can always be increased by husband or by an agreement between parties. Civil Procedure Code, 1908 (V of 1908)---- --------O. XXXVII, Rr. 2 & 3----Suit for recovery on basis of cheques, decreed----Execution proceedings----Objection of----Immovable property being subjected to execution was mentioned in nikahnama as dower----Question of validity and effect of document----Executing Court was not satisfied with bona fides with regard to objection petition and declined to allow same at stage prior i.e. to final adjudication by Family Court----Decree shall not be executed against immovable property mentioned in Nikahnama----Petition was dismissed. THIS JUDGMENT DELIVERED BY: SH. AZMAT SAEED, JUSTICE:---.--- This Civil Petition for Leave to Appeal is directed against the Judgment dated 19.02.2016 of the learned Lahore High Court, Multan Bench, whereby FAO No. 159 of 2010, filed by the present Petitioner, was dismissed. 2. The brief facts necessary for adjudication of the lis at hand are that Respondent No. 1 filed a suit for recovery of Rs. 1,48,50,000/- against Respondent No. 2 under Order XXXVII, CPC on the basis of four cheques issued by Respondent No. 2 in favour of Respondent No. 1. The Suit was decreed. Such decree has attained finality. Respondent No. 1 initiated execution proceedings against Respondent No. 2, during the course whereof, the present Petitioner, who was claiming to be the wife of Respondent No. 2, filed an Objection Petition asserting therein that she had married with Respondent No. 2 on 20.12.2003 and the dower, as settled between the parties, reflected in the Nikahnama including some immovable property. It was further contended that by a subsequent arrangement/agreement arrived at between the spouses…
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