Suit for recovery of dower amount

Suit for recovery of dower amount..2020 CLCN 10
S. 5, Sched.---Suit for recovery of dower and dowry articles---Consent decree---Appeal---Scope---Petitioner assailed judgment and decree passed by the appellate court---Validity---Petitioner along with his brother and counsel was present before the appellate court when the parties settled to resolve the claim of dowry articles and dower on the basis of statement of maternal uncle of the petitioner on oath---Appellate court had passed the impugned order and decree on the basis of statement of petitioner's uncle---Status of impugned order and decree was that of consent decree, which was not appealable---No illegality as jurisdictional error was pointed out in the impugned order warranting interference by the High Court in exercise of extraordinary constitutional jurisdiction---Constitutional petition was dismissedSuit for dissolution of marriage and recovery of dower ( ten tolas gold ornaments and one - third share of the house ) -- Dower , dispute over -- Jurisdiction of the Family Court -- Scope -- Actionable claim -- Scope -- Dower was claimed against the defendant / husband on the basis Kabeen Nama ( marriage - deed ) according to which the husband had bound down himself to give gold ornaments to his wife at the time of Nikah which would be the sole ownership of wife -- Family Court decreed the dower prayed for by the petitioner / plaintiff , which judgment and decree was maintained by the Appellate Court -- Contention of the petitioner / defendant that gold ornaments as mentioned in the Kabeen Nama ( marriage - deed ) was an actionable claim for which jurisdiction vested in the Civil Court -- Held , that the Kabeen Nama ( marriage - deed ) was admittedly a matrimonial document between the parties which was not such an independent contract which might be interpreted as an ' actionable claim ' within the contemplation of the provisions of the Transfer of Property Act , 1882 ( ' the Act 1882 ' ) -- Section 3 of the Act 1882 means a claim to any debt ( other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property , or to any . beneficial interest in moveable property not in the possession , either actual or constructive of the claimant , which the Civil Court recognizes as affording grounds for relief , whether such debt or beneficial interest be existent , accruing , conditional or contingent -- Hence , the claim of wife for gold ornaments per marriage - deed , was a consideration of marriage for which the Family Court had the jurisdiction to adjudicate upon -- No illegality or infirmity was found in the impugned judgment passed by the Appellate Court
Tauheed Farooqi vs Faiqa Anmol
P L D 2024 Peshawar 25.

[@MrsSabar]

JazakAllah khairun kaseera, sir bahut hi ala tareeky sey aap ny intehai ehem masly ko qanooni nukty sey samjhaya hey ..... ALLLAH apko hamesha khush rakhy......

[@sonamsoniadvocate2981]

Zabardast

[@naseerahmed9171]

Sir bhooot aala..

[@kiranrana579]

Very good video uploading

[@globalfun7803]

great info sir...

[@shahgfarming7665]

Sir haq Mahr main likhi kisi property k dawa aurat apne suser pr kr sakti hy ya nahi ager kr sakti hy to kin soraton main (suser nikah nama main aurat k khanwand ka wakeel hy or nikahnama pr uske signature hyn )

[@HussainKhan-dk5ex]

Agr husband sy khula nhi ly rhi us k sath hi rh rhi hai likn us ka husband us k hqmhar k zameen bach dy to kia wife wo zameen adalti tor py wapis ly skti hai

[@fayazgul8349]

سر اگر عدالتی اور جج کا فیصلہ مان کر
اور یکمشت ادا نہ کر سکے تو پھر کیا طریقہ کار ہوگا

[@shabanasayeed4023]

please Sar Mujhe aapke help chahie

[@farahsultanashrafashraf4857]

Sir agar family court huq meher aur pprty nikahnama main likhi Hy Degree ho gayee Hy TU shohur appeal ka time guzur jayey TU phir shohur yeh keh kur adalut jayeyey my eak turfa feysala Howa Hy tu woh ja sakta , jub KY shohur ko case ka sub pata thA aur WAKEEL jawab dawa deyta Raha hey . Plz update me .

[@mbilalyousaf2635]

Farah sultanashraf Ashraf

[@faizaakram9385]

Sir plz mention a citation of 50%entitlment of dower in case of no rukhsati

[@riazmastoi]

Sir can suit for recovery of Haq Mahar be filed even before divorce or khula..

[@shahg8474]

Sir mery shohar ny mera gold bhi rakha he r uska dya hua bhi r mjhy mangny oy bhi nhe dya ab tallak dy chuka he esky bad ka procedure btayey k kysy lya jaye

[@riazmastoi]

السلام علیکم
Sir can an advocate who was a witness of a Girl in her marriage become her legal counsel in her Suit for recovery of Haq Mahar... Any case Law sir... I need I will be grateful for the help.