Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Suit for recovery of dower comprising a house and gold ornaments, dowry articles--Dower belongs to the father of deceased husband--Entitlement of--In Column Nos. 15 & 16 of the nikahnama gold ornaments and house were settled as dower--House described in nikahnama as dower was owned by father of deceased husband--Question of--Whether wife was entitled to the house as dower, even if it did not belong to her husband--Held: Husband as a rule, cannot give as dower property that does not belong to him but belongs to some one else including his father--An exception of such rule can be found if it is shown that the father of the husband agreed to do so. Nikahnama-- ----Vicarious liability of father to pay debts of his son--Column Nos. 15 & 16 of nikahnama--Father-in-law can be said to have agreed or consented to give his property as dower to his daughter-in-law--No rule--Validity--A father has vicarious liability to pay the debts of his son in the absence of an agreement to contrary as appears to have been held in case of Muhammad Siddique vs. Shahad-ud-Din--Held: A father assumes direct liability which is different from being liable for debts of his son--Such a consent can be implied and is visible even when the father has not signed or affixed his thumb impression on the nikahnama or document for giving his property to his daughter in law as dower. Nikahnama-- ----Column Nos. 15 & 16--Passive role of bridegroom--House described in nikahnama as dower belong to father-in-law--Nikahnama was not signed by the petitioner/father-in-law--Presence at the time of nikah was admitted--Validity--At the time of nikah in our society the bridgegroom has a passive role--Nikahnama is filled out with consent and instructions of the respective father's of bridgegroom and the bride or in their absence the respective elders of two families--Having knowledge of his house being given as dower--Validity--Inspite of having knowledge that his house had been given as dower in nikahnama, the petitioner never took any steps to take any legal action for exclusion of the house from the nikahnama--Held: Petitioner…

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