Monday, 5 November 2012

Case of Prompt Dower

  Citation Name  : 2012  YLR  277     LAHORE-HIGH-COURT-LAHORE
  Side Appellant : SHAMSHAD BIBI

S. 5 & Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of maintenance and prompt dower in shape of gold ornaments entered in nikahnama or its alternate value---Dismissal of suit for recovery of maintenance and passing of decree for recovery of prompt dower by Family Court---Dismissal of plaintiff's appeal by Appellate Court---Validity---Defendant had not challenged decree for recovery of dower---Filing of suit by plaintiff for recovery of prompt dower was itself a notice of its demand from defendant and date of its demand would be date of institution of such suit---Defendant had not paid prompt dower to plaintiff, thus, she had a right to refuse to live with him till its payment to her and he was bound to pay her maintenance from date of its demand till its payment---Value of gold ornaments was mentioned as Rs.30,000 in nikahnama dated 25-8-2005---Alternate value of such gold would be fixed according to value prevalent at the time of institution of suit, which value would be determined by Executing Court---Plaintiff in plaint had claimed Rs.5,000 as monthly maintenance, while she in evidence had stated monthly income of defendant to be Rs.40,000/ 50,000---Defendant in his statement had not uttered a single word about his income---Defendant was working in Saudi Arabia, thus, Rs.1,000 per month would be sufficient for plaintiffs maintenance, which he was liable to pay from date of suit till payment of prompt dower to her---High Court modified judgments and decrees of both courts below accordingly.

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