Lahore: Lahore High Court (LHC) while rejecting the plea of the husband seeking nullification of trial court's decision has remarked husband is bound to give the things recorded in separate agreement to wife in addition to dower.
Justice Muhammad Sajid Mehmood Sethi issued 11 pages written agreement.
It has been written in the decision that it is binding on the husband to give the things to wife which are written in a separate agreement in addition to Haq Mehr (dower).
The court upheld the trial court decision that husband is bound to give 5-marla home to wife which is written in separate agreement.
It is written in the decision woman had filed claim for receiving 5 marlas home and iddat maintenance allowance from husband.
According to the woman the husband had promised to give a five marlas home through a separate agreement on the day of marriage. Dower is legal right of wife. It is not husband's whim or favor .
It was further said in the decision that " not demanding dower during marriage can not be considered as withdrawal of woman from her right. The women don't demand dower during the marriage under social and domestic pressure. Dower can be settled verbally , in writing or later. Islamic law allows the husband to increase dower of his wife after marriage as well.
The court wrote in the decision that the courts not only keep in view technical facts but also social facts in family matters. The motive of family courts is to resolve family disputes with justice and balance.
The husband took the plea in the court that the agreement is fake and was worked out later.
According to record both the witnesses proved the documents by recording statement in the court.
It is incumbent on the person who levels the allegation of fake documents to provide proof. Husband opposed the forensic examination of signatures and thumb impressions. This weakens the stance of husband. True person never becomes worried over scientific scrutiny. Recording only Rs 5000 dower in nikkah name does not render separate agreement ineffective.