SAJID MEHMOOD vs Mst — 2023 SCMR 153 SUPREME-COURT

Case information

Citation: 2023 SCMR 153 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: SAJID MEHMOOD vs Mst
Subject matter: Family
Provisions referred to: S. 11---R; Oaths Act (X of 1873)

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

SAJID MEHMOOD VS Mst. SHAZIA AZAD Ss. 5, Sched. & 17---Oaths Act (X of 1873), S. 11---Recovery of dower and dowry articles---Wife taking special oath in regard to dower and dowry articles upon offer made by husband---Evidence conclusive against husband offering to be bound by oath---In the present case the husband-petitioner filed an application for special oath which was accepted by the wife-respondent and the special oath was taken in the mode and manner proposed by the petitioner---Due to the mutuality of the promise between the parties, the party making an offer has no right to resile from it after the offer is accepted and the special oath is taken---In the absence of any such satisfactory or sufficient cause the Court is obligated to implement the agreement and to record the statement of the party concerned to make a decision in the case accordingly---Petitioner could not wriggle out or withdraw his offer which was given by him voluntarily before the Family Court and the same was acted upon according to his will---Petition for leave to appeal was dismissed and leave was refused.

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