Woman entitled to gold's market value as dower: LHC

Ruling highlights legal principle favouring women in family disputes

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LAHORE:

The Lahore High Court (LHC) Rawalpindi Bench has upheld a woman's right to recover either 7-tola gold ornaments or their present market value as her dower, rejecting a previous order that limited her entitlement to a fixed sum of Rs100,000 as recorded in 2007.

Justice Anwaar Hussain ruled that dower agreed upon in a Nikahnama becomes the property of the bride and cannot be unilaterally altered by the respondent or the courts during execution proceedings.

The court clarified that the petitioner, Zaibun Nisa, was entitled to choose between reclaiming the gold ornaments or receiving their current market value.

Zaibun Nisa had filed a suit for the recovery of her dower, dowry articles and maintenance allowance for her minor daughter, born during her marriage to Shafqat Ali.

The trial court, in its December 2016 judgment, had ruled that the petitioner was entitled to recover either the 7-tola gold ornaments originally given to her or Rs100,000 as an alternative value.

Both parties appealed the trial court's decision. On July 10, 2018, the executing court accepted Zaib's plea to recover either the gold or its current market value. However, the appellate court overturned this decision on November 5, 2018, ruling that she was only entitled to Rs100,000, as recorded in the Nikahnama.

The LHC found that the gold ornaments were given to Zaib as dower but were later repossessed by the respondent to meet family expenses.

Justice Hussain noted that once the gold ornaments were handed over as dower, they became the petitioner's property. Their subsequent repossession by the respondent did not negate the petitioner's entitlement.

The court ruled that the appellate court's decision disregarded the trial court's findings and the principle that dower settled in tangible items like gold must reflect their current market value if those items cannot be returned.

"The petitioner cannot be compelled to accept Rs100,000 as an adequate substitute for 7-tola gold ornaments," stated Justice Hussain.