LHC affirms wife’s right to house promised under separate marriage deal

• The Lahore High Court has dismissed a plea of a husband against a trial court’s verdict observing that he is required to honour the commitments made to his wife in a separate agreement besides the dower sum listed in the Nikahnama.

Justice Muhammad Sajid Mahmood Sethi, in an 11-page written judgement, held that a husband is bound by law to give the advantages promised in a separate agreement along with the dower specified in the marital contract. The court upheld the trial court’s order for the husband to transfer a five-marla residence to his wife.

The woman had filed a complaint for recovery of a five marla residence as dower and maintenance fees during the waiting period, according to the judgement. She insisted her husband had promised her the house in a separate agreement signed on the day they were married.

The court pointed out that dower is a legal right of the wife and not an act of charity or favour by the husband. It further said that under the law, dower is regarded an obligation owed by the husband to his wife.

A woman’s failure to claim dower during marriage cannot be construed as a waiver of her entitlement, the written judgement said. It stated that social and familial factors typically deter women from claiming dower at marriage. The court further pointed out that dower might be accepted verbally, in writing or even after marriage and Shariah regulations allow the husband to increase the amount of dower after marriage.

In family cases, the court emphasised, courts evaluate not just technical legal aspects, but social realities as well. It says family courts are supposed to handle marital issues in a fair and impartial manner.

The spouse had contended that the agreement was concocted and drawn up later. But the court found that the two witnesses of the agreement stood before the court and confirmed the paper and so proved its genuineness.

The judgement further observed that the burden of proof on an allegation of forgery is on the individual alleging forgery. The court noted that the spouse had objected to the forensic investigation of the signatures and thumb impressions on the document, which weakened his stand.

The court said unwillingness to do forensic tests damages a party’s claim, adding that a person expressing the truth should not be afraid of scientific inquiry. It further stated that mentioning only Rs5,000 as dower in the Nikahnama does not make the separate agreement useless or unenforceable.