| Citation(s) |
|---|
| 2025 SLG 4893 2025 SLD 4893 = 2025 SCP 439 = 2026 PLD 371 |
CPLA NO.1330-L OF 2025 (Against order dated 29.05.2025 of the Lahore High Court, Multan Bench, Multan passed in writ petition No.5573 of 2025)
JUSTICE YAHYA AFRIDI, HCJ JUSTICE MUHAMMAD SHAFI SIDDIQUI JUSTICE MIANGUL HASSAN AURANGZEB
Syed Tayyab Nasir Mahmood Jafri, ASC.
Sajid Hussain …Petitioner
VERSUS
Additional District Judge, Vehari and Others ...Respondent
Law: Civil Procedure Code, 1908
Section:
Summary
The court dismissed the petition filed by Sajid Hussain challenging the Lahore High Court's rejection of his writ petition against family court judgments relating to dower land claimed by Iqra Bibi under the nikahnama marriage contract. Despite the petitioner asserting he was a bona fide purchaser unaware of the dower claim, evidence showed he had knowledge of the dower before purchasing part of the land. The court upheld Iqra's right to the dowered land, rejecting attempts by Waqar Hussain and family to transfer land ownership to defeat her claim. The petitioner was not entitled to relief, and the petition was dismissed.
Core Points
- Iqra Bibi married Waqar Hussain; dower land of 39 kanals was promised in nikahnama.
- Waqar transferred dowered land quickly to father and brother, then sold parts to petitioner.
- Petitioner claimed to be a bona fide purchaser without knowledge of dower claim.
- Petitioner had filed suit-related applications before purchasing full land, showing knowledge of the dower entries.
- Nikahnama was proved valid by official witnesses; petitioner did not prove forgery.
- Transfers made to defeat Iqra's dower claim were invalid.
- Property listed as dower must be reserved for wife upon demand.
- Petitioner's claim dismissed; concurrent family court and high court judgments upheld.
Relevant Law and Sections
| Law/Principle | Explanation |
|---|---|
| Nikahnama Clause (Dower - Andal Talab) | Dower property must be kept reserved by husband to transfer on demand of wife. |
| Bona fide purchaser doctrine | Requires lack of knowledge of encumbrance; petitioner had knowledge before later purchase. |
| Civil Procedure (setting aside ex-parte decree) | Allowed on petitioner's application, leading to suit post-remand. |
| Evidence Law: Proof of document authenticity | Testimony of Union Council Secretary and Nikah Registrar validated nikahnama. |
| Property transfer and mutation legality | Transfers done to defraud dower claim were declared ineffective in context of wife's right. |
ORDER