Law:

Section:

(a) Muhammadan Law--- ----Dower---Relinquishment---Conditions---Dower being charge on immovable property in possession, could not be extinguished on conjectures---Where dower was settled and incorporated in registered Nikahnama, same would become -property of wife and be enforceable as debt---Relinquishment of dower under Muhammadan Law was not relinquishment under S.63, Contract Act, 1872--­Where document for relinquishment of dower was placed before Court, legal duty was cast upon such Court to determine whether, independent circumstances existed whereby woman had exercised her free consent in relinquishing her dower or whether there were any existing circumstances which coerced and compelled her to relinquish her dower---Contract Act (IX of 1872), S.63. (b) Muhammadan Law--- ----Dower---Entitlement to claim under different sects of Islam---Dower would become payable by husband to wife on marriage being contracted---Dower amount would be payable either by agreement between parties or by operation of law---Wife, under Sunni Law, would be entitled to claim dower from her husband, even though she had expressly contracted not to do so---Under Shia Law, however, woman who was adult and not of a weak or facile disposition could validly agree not to receive any dower. (c) Muhammadan Law--- ----Dower---Preconditions for relinquishment---Wife could relinquish her dower but condition precedent to such relinquishment was that same should be outcome of free-will and not result of undue influence, coercion, misunderstanding or fraud. Shah Bano Begum v. Iftikhar Muhammad Khan PLD 1956 (W.P.) Kar. 363 rel. (d) Muhammadan Law--- ----Dower---Deed of relinquishment---Family Court decreed wife's suit despite deed of relinquishment of dower, which was in effect being executed under coercion and undue influence---Appellate Court, however, dismissed wife's suit on basis of relinquishment deed---High Court under its Constitutional jurisdiction under Art. 199 of the Constitution on basis of attending circumstances, set aside and decree of Appellate Court and restored that of Family Court---Constitution of Pakistan (1973), Art. 199. JUDGMENT Brief facts of the instant petition are…

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