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: 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

MUHAMMAD FAYYAZ VS ADDITIONAL DISTRICT JUDGE S. 5, Sched.---Suit for recovery of dower---Wakeel (Father-in-law) in Nikahnama, liability of---Scope---Word 'wakeel' is synonymous to English word agent----Agency may be created expressly i.e. in writing or through implication; it can even be inferred from the circumstances of the case, from things spoken or written or on the basis of ordinarily course of dealings---By creating agency, the principal confers certain authorities to agent and agent owes certain liabilities in exchange towards principal---Agency remains intact unless rescinded or some act of agent renders him incapable of continuing his authority---Normally agent is not held responsible for enforcement of contract entered by him on behalf of the principal---However, under Islamic law a departure to the general rule in case pertaining to the marriage has been made, particularly, where father had acted as a wakeel of his son/bridegroom---In absence of tangibly expressed repudiation of such authority the agent/wakeel cannot get rid of the liabilities imposed upon him being wakeel/father of bridegroom.

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