ZULEKHA vs MUHAMMAD NABI S — 2026 CLC 92 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 CLC 92 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: CLC
Parties: ZULEKHA vs MUHAMMAD NABI S
Subject matter: Civil
Provisions referred to: S. 5; S. 25---S; Wards Act (VIII of 1890)

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

ZULEKHA VS MUHAMMAD NABI S.5, Sched.---Guardians and Wards Act (VIII of 1890), S.25---Suit for past and future maintenance of minors, recovery of dower amount and house rent---Counter guardianship application filed by the husband---Right of dower---Enforceability---Trial Court decreed suit of wife excluding house rent and dismissed guardianship application, however Appellate Court set aside decree---Validity---Appellate Court failed to properly appreciate evidence and made blanket observations without referring to statements of witnesses---Dower amount cannot be waived under any circumstances as it is an indefeasible right of wife and she enjoys exclusive and absolute right over her dower---Judgment of Appellate Court was set aside and Trial Court decree restored---Constitutional petition allowed.

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