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WAHID BUKHSH vs ADDITIONAL DISTRICT JUDGE, MUZAFFARGARH S — 2022 CLC 1516 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 1516 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
WAHID BUKHSH vs ADDITIONAL DISTRICT JUDGE, MUZAFFARGARH S
Subject matter
Family
Provisions referred to
S. 5

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

WAHID BUKHSH VS ADDITIONAL DISTRICT JUDGE, MUZAFFARGARH S.5, Sched.---Suit for recovery of dower---Oral nikahnama---Non-determination of dower at the time of nikah---Mehr-e-misl---Proper dower---Scope---Petitioner assailed orders passed by courts below whereby respondent (wife) was held entitled to recover mehr-e-misl---Validity---Nikah between the parties was orally solemnized according to Shariah---Under the Quranic Teachings the relations of Muslim family unit (spouse) was established through solemnization of nikah in order to determine the rights/obligations of a husband and wife and it was made mandatory for a husband to give dower to his wife---Quantum of the dower amount was left open for the parties to settle the same according to their independent opinion---In case the amount of dower was not mentioned in that eventuality a modus operandi was provided in Shariah to ascertain the same from the customs, status and allied social traits of the parties---Such settlement or determination of dower amount was named as proper dower (mehr-e-misl)---Litmus test for determination of proper dower was provided in Islamic jurisprudence whereby dower amount of other female members from the family of her father such as her other sisters, father's sisters, etcetera, would be considered as proper dower---Courts below had rightly declared the respondent entitled to receive proper dower i.e. similar as dower of her real sister---Constitutional petition was dismissed.

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