Table of Contents
- Introduction
- Background of the Case
- Family Court Rejected the Suit
- Appeal Court Accepted the Claim
- High Court Heard the Petition
- Witnesses Confirmed the Claim
- High Court Upheld the Wife’s Right
- Importance of the Case
- Conclusion
- About Advocate Muhammad Amin
Introduction
The Peshawar High Court has given a very important decision. It confirmed that when a husband or his family promises property as dower (Haq Mehr) in the Nikah Nama, the wife can legally claim it.
Background of the Case
Mst. Jameela Afridi married Dawar Khan on 10 January 1988. During the Nikah, the parties wrote in the Nikah Nama that Jameela would receive:
- ¼ share in 109 Kanals and 18 Marlas of land
- ½ share in a house located at Sra Khwra, Peshawar
Her husband’s elder brother, Gul Akbar, signed the Nikah Nama as Wakil-e-Nikah and agreed to transfer the share.
Family Court Rejected the Suit
Jameela filed a case in the Family Court, Kohat to get her promised share. On 12 June 2014, the judge dismissed her case.
Appeal Court Accepted the Claim
Jameela filed an appeal in the court of the Additional District Judge-III, Kohat.
On 28 January 2015, the judge accepted her appeal.
The judge said that since the promise was written in the Nikah Nama, the wife had the right to claim her share.
High Court Heard the Petition
Gul Akbar challenged the appeal decision in the Peshawar High Court.
He claimed the land belonged to him alone and said the Nikah Nama was fake.
He denied the promise of giving any share in the land or house.
Witnesses Confirmed the Claim
Many witnesses appeared in court and confirmed that:
- They were present at the Nikah.
- They heard the dower terms.
- They saw Gul Akbar sign the Nikah Nama.
- Dawar Khan, the husband, also agreed to the terms.
Even Gul Akbar admitted his signature on the Nikah Nama in court.
High Court Upheld the Wife’s Right
The High Court examined the facts and the record.
The court said that even if the property was in Gul Akbar’s name, the ¼ portion belonged to Dawar Khan.
He had built the house using his own money.
The court held that Jameela had the legal right to receive the share written in her Nikah Nama.
Court Confirms Wife’s Right to Property as Haq Mehr Written in Nikah Nama
The court also said that if a person signs the Nikah Nama and agrees to give dower, he must fulfill that promise.
Importance of the Case
This decision protects the rights of women in marriage.
The court clearly said that:
- The Nikah Nama is a legal document.
- A wife can claim property as dower.
- Even someone other than the husband can become responsible if he signs the Nikah Nama.
- The court respects promises made at the time of Nikah.
Conclusion
The Peshawar High Court has given a just and fair judgment.
It supports women’s legal rights and shows that promises in marriage must be honored.
About Advocate Muhammad Amin
If you need legal help for Nikah Nama issues, Haq Mehr, property rights, or family law matters, contact:
Advocate Muhammad Amin
📍 Office No. 14, Zeb Plaza, University Road, Tehkal Payan, Peshawar
📞 0313 9708019
He provides expert legal services in family and civil cases. He also offers online legal support across Pakistan and abroad.