MUHAMMAD FAYYAZ vs ADDITIONAL DISTRICT JUDGE S — 2023 PLD 446 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 446 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: MUHAMMAD FAYYAZ vs ADDITIONAL DISTRICT JUDGE S
Subject matter: Civil
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

MUHAMMAD FAYYAZ VS ADDITIONAL DISTRICT JUDGE S. 5, Sched.---Suit for recovery of dower---Wakeel of Nikahnama, liability of---Scope---Plaintiff claimed deferred dower by filing a suit against her father-in-law (defendant) as he had acted as a wakeel of her late husband---Validity---Defendant was a party to the Nikahnama and his name was clearly mentioned in column No. 9 as the 'wakeel of the bridegroom'---Nikahnama also bore his thumb impression---Undeniably, it was primarily duty and obligation of the husband to pay dower to his wife---However, there was no bar or prohibition on another person binding himself as a surety by putting his signature on the Nikahnama, ensuring the payment---Such a surety cannot wriggle out from this legal obligation when a suit for the recovery of dower is brought against him by the wife---Subordinate courts had rightly decreed the suit---Constitutional petition was dismissed.

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