2000 PLP 537 (YLR)

The petitioner is the wife of respondent No.

2. They were married on 3‑4‑1996. Dower was settled and it is stated to be deferred in the Nikahnama. The petitioner filed a suit for recovery of the dower against the respondent No.

2. The suit was contested with the plea that the dower stood paid. The issues were framed. Evidence of the parties was recorded. The learned Judge Family Court, Multan decreed the suit of the petitioner vide a Judgment and decree dated 25‑5‑1998. The respondent No. 2 filed an appeal which was heard by respondent No. l who allowed the same and dismissed the suit of the petitioner for recovery of dower. He also decreed the connected suit for Restitution of Conjugal Rights.

2. Learned counsel for the petitioner argues that the impugned Judgment of the learned Additional District Judge has been given in disregard of the evidence on record and the Law on the subject. Learned counsel for the respondent No. 3, on the other hand, had tried to support the impugned Judgment and decree.

3. I have gone through the record appended with this writ petition. I find that both the Courts have concurred as to the amount and nature of dower as also the fact that it still remains to be paid by the respondent No.3. Only ground on which the respondent No.1. proceeded to set‑aside the Judgment and decree of the learned Judge Family Court is that he found that the dower was deferred. I find that in the writ petition it has been specifically alleged that the respondent No.3 has contracted another marriage with one Mst. Sameena on 10‑2‑1998. A photocopy of the Nikah Nama is annexed as Annex. N. Learned counsel for the respondent No. 3 does not contest the veracity of the said allegation. Learned counsel for the petitioner places reliance on section 6 of the Muslim Family Laws Ordinance, 1961. Subsection (5) of the said section 6 provides that a man who contracts another marriage without the permission of the Arbitration Council shall be liable to pay immediately the entire amount of the dower whether prompt or deferred due to the existing wife which amount, if not so paid shall be recoverable as arrears of land revenue. Since it has not been pleaded on the part of respondent No.3 that the subsequent Nikah (Annexure N) has been contracted with the permission of the Arbitration Council, the respondent No.2 has become liable to pay the entire amount of the dower amount forthwith. Consequently this writ petition is allowed. The Judgment and decree dated, 7‑7‑1999 of learned Additional District Judge, Multan/respondent No.1 is declared to be without lawful authority and is set aside. The petitioner may execute the decree passed by the learned Judge Family Court in her favour on 22‑5‑1998 or may also approach the concerned Collector who will effect the recovery of the dower amount as arrears of land revenue in terms of section 6(5)(i) of the Muslim Family Laws Ordinance, 1961. Costs of this writ petition shall be born by the respondent No.3. Q.M.H./M.A.K./A‑191/L Petition allowed.