The Lahore High Court has declared valid an agreement made at the time of marriage in addition to the nikahnama, ruling that a husband is bound to fulfil promises made beyond the dower mentioned in the marriage contract.
Justice Sajid Mahmood Sethi of the Lahore High Court issued an 11-page written judgment on a petition filed by Muhammad Khan.
According to the judgment, the woman had filed a claim for recovery of dower, a five-marla house and maintenance for the iddat period. The woman stated that her husband had promised, through a separate agreement on the day of marriage, to give her a five-marla house. The husband, however, maintained that the agreement was forged and prepared later.
The court observed that the record showed both witnesses to the agreement appeared before the court and proved the document.
The judgment said that a person alleging a document to be forged is required to provide proof. However, the husband opposed forensic examination of the signatures and thumb impressions.
The court held that refusal to undergo forensic examination weakened the husband’s stance, adding that a truthful person is not afraid of scientific testing.
The judgment further stated that dower is a legal right of the wife, not a matter of the husband’s will or favour. In the eyes of the law, dower is considered a debt owed by the husband to the wife.
The court also ruled that a woman’s failure to demand dower during marriage cannot be treated as waiver of her right, as women often do not seek dower during marriage due to social and domestic pressure.
The Lahore High Court upheld the decision of the lower court and dismissed the petition.
