Muslim Family Laws Ordinance, 1961
Form II (Rules 8 and 10 of the West Pakistan Rules)
A married woman elects to gift, sell or otherwise dispose of her property neither her husband nor any male relative has any right over it– Mst. Khurshida was not a signatory to the Nikahnama nor had she, at any stage, agreed to transfer the Property to Mehreen. Mst. Khurshida’s husband could not have made a commitment on her behalf with regard to the Property. Mehreen also did not array her husband as a party to the suit even though he was a necessary party thereto. Mehreen undoubtedly had a valid claim against her husband with regard to the dower promised by him at the time of marriage, as mentioned in the Nikahnama, and could claim the value of the Property from him however she elected not to do so but instead lay claim to the Property. Be that as it may, Mehreen could still claim from her husband any part of her dower which remains unpaid. …Fawad Ishaq =VS= Mst. Mehreen Mansoor, (Civil), 2021(2) [11 LM (SC) 19] ....View Full Judgment