WASIF ALI vs Mrs — 2023 CLC 1021 LAHORE-HIGH-COURT-LAHORE

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WASIF ALI VS Mrs. FAKHRA JABEEN S.5---Muslim Family Laws Ordinance (VIII of 1961), S.5---Muslim Family Laws Rules, 1961, R.8, Form II, Cls. 13, 14, 15 & 16---Dower, recovery of---Dispute was with regard to payment of dower and transfer of house as stated in entries in columns Nos. 13 to 16 of Naikahnama registered under S. 5 of Muslim Family Laws Ordinance, 1961---Validity---Entry in column No.13 was rider to entries in columns Nos.14, 15 and 16, of Nikahnama---Respondent / wife in the first instance could lay her claim with regard to Rs.500,000/- as dower mentioned in column No.13 of Nikahnama and if due to any reason, dower was not paid to her then she would become entitled to the property mentioned in column No.16 of Nikahnama in lieu thereof--- House in question was owned by father of petitioner / bridegroom who was neither signatory to the Nikahnama nor he had given any consent for the transfer of house in favour of his daughter-in-law, i.e. respondent / wife, who was precluded to claim said house---High Court declined to interfere in judgment by Lower Appellate Court as there was no legal infirmity in it---High Court directed that in order to avoid such problems in future, Nikah Registrars must ensure compliance of Rr. 7 to 13 of Muslim Family Laws Rules, 1961, while recording entries in Nikahnama---High Court further directed Nikah Registrars to avoid from incorporating any entry other than allowed in Nikahnama and to take special care while making entries in columns Nos.13 to 16 of Nikahnama---Further that Nikah Registrars should only record entry of dower in column No.13 of Nikahnama whatever was fixed by the parties as dower---High Court directed Federal Government as well as Provincial Government to prescribe minimum educational qualification for the grant of licence to Nikah Registrar in pursuance of R.5(2) of Muslim Family Laws Rules, 1961 and make arrangement for their proper training---High Court also directed the authorities that till such time Nikahnama Form prescribed under R.8 of Muslim Family Laws Rules, 1961---Parties desirous to fix some other beneficial condition in addition to dower, they should execute an independent instrument to that effect instead of intermingling the same with the dower---Constitutional petition was disposed of accordingly.

WASIF ALI vs Mrs — 2023 CLC 1021 LAHORE-HIGH-COURT-LAHORE

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