AYESHA BOSTAN vs MIR HUSSAIN Ss — 2026 PLD 26 HIGH-COURT-AZAD-KASHMIR

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AYESHA BOSTAN VS MIR HUSSAIN Ss.5, Sched. & 14---Suit for recovery of dower---Execution of an agreement by the respondent/father of bridegroom as guarantor/surety for transfer of plot in lieu of dower before marriage---Death of bridegroom after marriage---Plea of payment of dower amount at the time of marriage had been taken by the respondent---Family Court decreed the suit on the basis of entries of Nikahnama instead of transfer of plot in lieu of dower---Validity---At the time of 'Nikah' Wakeel of appellant told the Nikahkhwan that whole payment of dower had been paid earlier, however, none of the witnesses produced by the respondent deposed that the dower amount was paid in their presence or at the time of execution of 'Nikahnama'---Before execution of 'Nikah' the intention of the respondent was that plot should be transferred in favour of the appellant in lieu of dower, rather appellant proved her case through reliable evidence to the extent that the dower in lieu of plot was given through agreement, which had not yet been transferred---Although the husband of the appellant had died yet respondent being surety/guarantor of dower as well as agreement was liable to transfer the land as claimed by her, thus, Trial Court misconstrued the matter and failed to appreciate the evidence in its true perspective while passing the impugned judgment and decree, which was a result of misreading and non-reading of evidence---Appeal preferred by the appellant was accepted holding her entitled to receive the plot in lieu of dower or in alternative the market value thereof and the appeal preferred by the respondent was dismissed in circumstances.

AYESHA BOSTAN vs MIR HUSSAIN Ss — 2026 PLD 26 HIGH-COURT-AZAD-KASHMIR

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