Claim of Additional Dower and Suspension of Execution Proceedings

Claim of Additional Dower and Suspension of Execution Proceedings Case Laws Civil Law Dower Execution Family First Appeal against Order Knowledge - Civil Law Lahore High Court Litigation & Arbitration Solutions - Civil Law Mr. Justice Ibad-ur-Rehman Lodhi in his judgment has decided the issue regarding claim of additional dower and suspension of execution proceedings in First Appeal against Order No. 159 of 2010.

1. With the concurrence of learned counsel for the parties, the hearing of this appeal is being treated as pacca hearing.

2. In fact, whole controversy revolves around a decree granted by the learned Additional District Judge, Multan, on 26.02.2010, passed in Civil Suit No.59/I of 2009, filed under Order XXXVII CPC, on the basis of four cheques for the recovery of Rs.1,48,50,000/-. The judgment-debtor was Mohammad Hassan Ahmad Qureshi, whose property was attached in execution of such decree and in order to frustrate such execution process, the present appellant-Mst. Ghania Hassan, filed her objection petition in the execution with the contention that, she entered into marriage with judgment-debtor Mohammad Hassan Ahmad Qureshi on 20.12.2003 against a consideration of Rs.20,000/- on demand as dower in view of the entries against Column No.13 of Nikahnama, whereas, 15-tolas of gold ornaments were given to the objector in view of Columns No.14 and 15 of Nikahnama and additionally, three biggas of agricultural land in village Baqir Shah, and an upper portion of a constructed house in Mohallah Qureshiyan, Ward No.17, were also noted in Column No.16 of Nikahnama, meant for mentioning some property or any part thereof, settled in between the parties as against the dower.

3. In addition to such claim of dower, the appellant had further claimed her right over a property measuring 282-kanals, 5-marlas, shown to have been agreed by said Mohammad Hassan Ahmad Qureshi, to be given to her as additional dower by means of an agreement, stated to have been arrived at in between the parties on 12.06.2007.

4. The objection petition was contested by the decree-holder, present respondent No.1, and the learned executing court vide order dated 29.06.2010, proceeded to dismiss the objection petition.

5. Such dismissal was called in question by the appellant in an appeal impleading only Shahid Hussain Shahid, the decree-holder as a respondent, which appeal was pending before a learned Additional District Judge at Alipur, when it was dismissed for non-prosecution on 17.09.2010. Restoration petition of such dismissed appeal was also declined by the learned Additional District Judge, Alipur, on 11.10.2010.

6. Although through the present appeal, order dated 11.10.2010, passed by the learned Additional District Judge, Alipur, has been challenged, but the learned counsel for the appellant has argued the matter on merits also, and since the merits of the case are required to be commented upon, for the reason that, in regular first appeal, the learned first appellate court has not dilated upon, therefore, it deem appropriate to examine the matter on merits also, so that the parties may not be entangled with endless litigation and a decree granted in 2010, which still awaits its satisfaction, is executed within some reasonable future time.

7. The main thrust of the appellant in asking for the suspension of execution process is on the strength of an agreement, stated to have been arrived at on 12.06.2007, executed by Mohammad Hassan Ahmad Qureshi/judgment-debtor of the recovery suit and husband of present appellant, claiming exclusive title of the attached property, subjectmatter of the agreement, referred to herein-above in favour of the appellant.

The property, in addition to the one, noted in Nikahnama, against Columns No.13 to 16 cannot validly be claimed by the appellant to be her dower, settled and agreed at the time of marriage i.e. 20.12.2003. Further, the concept of additional dower, which is being claimed on the strength of the agreement, is a serious question to be examined.

8. The dower is a consideration on the basis of which a Muslim man and woman enter into a marriage contract and there is no concept of additional dower that too allegedly settled, after almost four years of the marriage. The spouses, however, would still be at liberty to exchange gifts during their matrimonial life, but such gifted property can, in no way, be given the status of dower, which is restricted to the consideration fixed at the time of a Muslim marriage.

The agreement, itself, is a document worth appreciable. Even by the statement of such agreement, it cannot be considered as a concluded and finalized settlement in between the parties. It is, but clear that, even after entering into such agreement, the judgment-debtor has not finally transferred the mentioned property in favour of the appellant and further, when admittedly the appellant has filed a suit for recovery of her dower, including the property, subject-matter of the agreement, referred to herein-above, the appellant, till final conclusion of the proceedings of the referred suit, cannot claim herself to be having any lien over such property. Same still will be considered as in the ownership of Mohammad Hassan Ahmad Qureshi, respondent No.2/judgment-debtor in civil suit.

Further information regarding claim of additional dower and suspension of execution proceedings can be solicited from AUJ LAWYERS. Feel free to contact us in case you need any clarification and/or require legal assistance regarding similar matters.