Dower is the Wife’s Property under Islamic law, and Execution Courts must enforce decrees without altering them --- Lahore High Court, Lahore
Islamabad 23-12-2024: In a significant judgment, the Lahore High Court (Rawalpindi Bench) has upheld a woman’s right to claim her dower, comprising either 07-Tola gold ornaments or its current market value, reaffirming the sanctity of marital obligations under Islamic and family law. Mr. Justice Anwaar Hussain delivered the verdict in favor of Mst. Zaib-un-Nisa, setting aside the appellate Court’s earlier decision and restoring the executing Court’s order.
The petitioner, Mst. Zaib-un-Nisa, filed a suit for recovery of her dower, dowry articles, and maintenance allowance for her minor daughter. The trial Court, in its judgment dated 17.12.2016, decreed that she was entitled to 07-Tola gold ornaments or Rs. 100,000 (as alternate value). Both parties challenged the decision, but their appeals were dismissed as non-maintainable.
During execution proceedings, the petitioner sought either the gold ornaments or their current market value, citing the substantial increase in gold prices. The executing Court accepted her plea on 10.07.2018, prompting the respondent, Shafqat Ali, to file a revision, which the Appellate Court allowed, limiting the dower to Rs. 100,000.
Mr. Justice Anwaar Hussain examined two pivotal questions:
- What was the agreed-upon dower in the Nikahnama?
- Was the appellate Court justified in altering the execution decree?
The Lahore High Court referred to the evidence presented during the trial, which confirmed that the gold ornaments were repossessed by the respondent to meet wedding expenses for his sister. As a result, the petitioner retained the right to recover the ornaments or their current market value.
The Court reiterated that dower becomes the wife’s property upon marriage, and any repossession by the husband or his family does not nullify her entitlement.
Execution Courts must enforce decrees without altering their substance. The petitioner’s claim for the current market value was valid under the original decree.
The Court emphasized the need for a pro-women interpretation of the West Pakistan Family Courts Act, 1964, and the Muslim Family Law Ordinance, 1961, as these are beneficial legislations designed to protect women’s rights.
The petitioner, as the decree-holder, had the right to opt for gold ornaments or their market value, and this choice could not be dictated by the respondent.
The Court set aside the appellate Court’s decision dated 05.11.2018, which had erroneously limited the dower to Rs. 100,000. Mr. Justice Anwaar Hussain restored the executing Court’s earlier order, allowing the petitioner to claim the gold ornaments or their current market value.
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