Law: Muslim Family Laws Ordinance, 1961

Section: 10

Muslim Family Law Ordinance, 1961 (VIII of 1961)-- ----S. 10--Deferred dower--Death of husband--Suit for recovery of dower was decreed--Dismissal of appeal--Father-in-law was wakeel in Nikahnama--Death of father-in-law during pendency of suit--Challenge to--(Father-in-law of Respondent No. 3) was party to Nikahnama and his name is clearly mentioned in Column No. 9 as “Wakeel of bridegroom”--There is no escape by father-in-law to wriggle out of his liability if being “Wakeel” of bridegroom, he had signed prescribed column of nikahnama at time of marriage--Suit filed by Respondent No. 3 for recovery of dower against her father-in-law, who had acted as a “Wakeel” of bridegroom and had signed it, is held to be competent--Counsel for petitioners has been unable to point out any illegality or irregularity in impugned Judgments, which are well founded and based on well reasoning--Petition was dismissed. PLD 2016 Pesh. 109, PLD 2010 Lah. 199, 1994 SCMR 686 andPLD 1978 Lah. 711 ref. Words and Phrases-- ----“WAKIL” A person invested with authority to act for another. Wakil--Law of Lexicon with Legal Maxims and Words andPhrases reprint Edition 1996 at page 1329. Words and Phrases-- ----“VAKIL” A plenipotentiary; a representative with absolute authority. Wakil--Urdu English LAW DICTIONARY Edition 2000 publishedIrfan law Book house page 515. JUDGMENT Through the instant writ petition, the petitioners have called in question the vires of the judgment and decree dated 19.11,2019, passed by learned Judge Family Court, Hasilpur, decreeing the suit of Respondent No. 3 for recovery of dower and judgment and decree dated 27.08.2020, passed by learned Addl. District Judge, Hasilpur, whereby their appeal was dismissed. 2. The facts of the case in brief are that Respondent No. 3 claimed her deferred dower i.e. Rs. 1,00,500/- and possession of land measuring 04 Kanals or its alternate price Rs. 10,00,000/- by filing a suit against her father-in-law, the late Rahim Bux (died on 28.9.2017 during the pendency of the suit) with the averments that she was married to one Muhammad Shehzad Khan on 13.05.2005 in consideration with aforesaid dower, duly incrporated in the Nikahnama, while the…

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