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MST. FAKHRA JABEEN vs WASIF ALI — 2026 PLD 20 SUPREME-COURT

Case information

Citation
2026 PLD 20 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
PLD
Parties
MST. FAKHRA JABEEN vs WASIF ALI
Subject matter
Family
Provisions referred to
S. 5; S. 10---D; S. 10; Muslim Family Laws Ordinance (VIII of 1961)

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. FAKHRA JABEEN VS WASIF ALI. S. 5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), S. 10---Dower---Meaning, forms and scope---Marriage in absence of dower---Validity---Existence of dower---Presumption---Dower is a mandatory condition for a valid and effective marriage contract---Validity of a marriage remains unaffected even if the parties have not expressly mentioned it in the marriage contract because, in such eventuality, reasonable dower, 'Mehr-ul-Misel', is presumed---Dower is given by the husband to the wife and its determination would be subject to consent of the wife---Dower is the exclusive right of a bride, which is relatable to a thing which has marketable value---It can either be in the form of cash or property or both---It may be prompt or deferred---If the parties have not specified the nature of the payment of dower, then it is presumed to be prompt as provided under S. 10 of the Ordinance---Dower is an essential condition for giving effect to a valid marriage contract---It becomes the exclusive property of the wife because it has many benefits for both the parties---It is financial security for the wife and its determination must be guided by informed understanding of the bride regarding her rights---An unconditional declaration of dower in the form of immovable property leads to creating the exclusive ownership of the bride upon the execution of the Nikahnama and she cannot be deprived of her rights relating thereto in any manner---Dower in the form of cash is distinct from its other forms.

Other judgments reported in 2026 PLD

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