MUHAMMAD QAYYUM ANJUM vs ADDITIONAL DISTRICT JUDGE, MUZAFFARGARH S — 2022 MLD 416 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 416 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD QAYYUM ANJUM vs ADDITIONAL DISTRICT JUDGE, MUZAFFARGARH S
Subject matter: Family
Provisions referred to: S. 10---D; S. 10

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

MUHAMMAD QAYYUM ANJUM VS ADDITIONAL DISTRICT JUDGE, MUZAFFARGARH S.10---Dower---Scope---Perusal of S.10 of the Ordinance brings forth the legislative fiat that where no details about the mode of payment of dower have been spelled out by the parties to confer certainty to it under the marital contract, the omission or failure of the parties to fill in and/or reflect their intention in a perspicuous manner, the legislature has stepped in to fill in such omission of the parties through S.10 of the Ordinance which clearly states that, in such like situations, the entire amount of the dower shall be presumed to be payable on demand---Statutory presumption embodied under S.10 of the Ordinance is rebuttable; however, the same has to be rebutted through positive evidence.

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