Mst. ZAIB UN NISA vs ADDITIONAL DISTRICT JUDGE, TAXILA S — 2025 CLC 1048 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 1048 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: Mst. ZAIB UN NISA vs ADDITIONAL DISTRICT JUDGE, TAXILA 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

Mst. ZAIB UN NISA VS ADDITIONAL DISTRICT JUDGE, TAXILA S. 5, Sched.---Suit for recovery of dower, dowry articles and maintenance allowance---Dower---Market value v. alternate value recorded in nikahnama---Petitioner (wife) not bound to accept fixed alternate amount in nikahnama---Entitlement to actual property or equivalent market value---High Court observed that alternate values in family suits are provided only for contingencies where the principal property (e.g., dowry/dower) is unavailable, damaged or lost---Where the property is clearly identifiable and available in the market (i.e., gold ornaments), the petitioner cannot be compelled to accept the nominal alternate value settled at time of nikah and/or decree---By no stretch of imagination, alternate value of Rs.100,000/- could be treated as adequate substitute of the actual dower i.e. 07-tola gold ornament---Executing Court correctly allowed the application of the petitioner as it was for the petitioner to opt as to whether to go for the actual dower i.e. 7-tola gold ornaments, which became her property after the same was settled and delivered to her, or accept its alternate value---Petitioner could not be compelled to accept the alternate value settled in nikahnama---Writ petition was allowed.

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