In a significant decision, the Supreme Court of Pakistan recently reinforced the legal sanctity of dower agreements. The Court firmly upheld a widow’s rightful ownership of land gifted to her by her late husband as her dower. This ruling not only protects women’s financial security in marriage but also clarifies the jurisdiction of family courts in such matters.
The Core of the Legal Dispute
The case involved a family conflict over a parcel of land. A widow, Mst. Noor Khatoon, claimed her deceased husband, Khan Muhammad, had given her 12 acres of land during his lifetime as her dower (Haq Mehar). She presented a written agreement from 2009 as proof. However, other family members challenged her claim. They argued the agreement was fake and backdated. They also questioned whether a family court had the proper authority to decide a case involving a property agreement.
A Unanimous Verdict Through the Judicial Hierarchy
The legal journey of this case was extensive. Firstly, the Family Court in Khanpur carefully heard the evidence. The court found the widow’s testimony and documents credible. Consequently, it ruled in her favor. The dissatisfied relatives then appealed to the Additional District Judge. The appellate court also reviewed the facts and similarly upheld the decision. Finally, the petitioners took the matter to the Lahore High Court. The High Court, too, found no reason to overturn the previous judgments and dismissed their petition.
The Supreme Court’s Final Word: Refusing to Interfere
The relatives then sought leave to appeal from the Supreme Court. Their lawyer argued two main points. He claimed the family court lacked jurisdiction for such an agreement. He also suggested the courts had misread the evidence. The Supreme Court, however, found these arguments unconvincing. The justices saw no merit in the challenge. They emphasized that three separate courts had all reached the same conclusion based on solid evidence.
Evidence: The Cornerstone of the Judgment
The Supreme Court highlighted the overwhelming evidence supporting the widow. Crucially, the scribe who wrote the agreement testified in court. Furthermore, the marginal witnesses who signed the document also appeared. They all confirmed that the late husband had willingly executed the agreement and handed over the land. In contrast, the petitioners failed to prove their allegations. They did not call any witnesses to support their claim of a forged document. Moreover, they even withdrew an application to question the stamp vendor. This lack of evidence severely weakened their case.
Affirming the Family Court’s Power
The Court also addressed the jurisdiction question directly. The High Court had already explained this issue thoroughly. Schedule II of the Family Courts Act, 1964, explicitly lists “dower” as a matter a family court can decide. A dower can be cash, movable, or immovable property. Therefore, the family court was absolutely the correct forum to file this suit. The Supreme Court saw no error in this legal interpretation and agreed completely.
The Final Outcome and Its Lasting Impact
Ultimately, the Supreme Court refused to grant leave to appeal. The petition was dismissed, and the decisions of all three lower courts were affirmed. This judgment sets a powerful precedent. It sends a clear message that courts will honor valid dower agreements. It also strengthens the role of family courts in protecting the financial rights of women. This ruling ensures that promises made as part of marriage, especially those providing security, will be enforced by law.
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