Pakistan Case Law
1997 MLD 3262

MUHAMMAD ASHRAF Versus S.H.O.

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Citation1997 MLD 3262
CourtLahore High Court
Case No.Criminal Miscellaneous No.398โ€‘H of 1996
Date1996-10-23
Judge(s)Muhammad Aqil Mirza
ResultOrder accordingly

ORDER

It is submitted by the learned counsel for the respondent that Mst. Fauzia Shaheen alias Fauzia Yasmeen daughter of Muhammad Ashraf has already contracted marriage with Shaukat Ali son of Fateh Muhammad vide Nikahnama dated 29โ€‘5โ€‘1996. He states that Fateh Muhammad is an owner of a house situated in Chak No.549/EB, Tehsil and District Vehari. With a view to show bona fides of the marriage he states that Fateh Muhammad has gifted half share in the house owned by him in favour of Mst. Fauzia Shaheen alias Fauzia Yasmeen by way of additional dower of the marriage contracted by her with his son Shaukat Ali, Fateh Muhammad who is present in person has stated that.he has gifted half of his house in favour of Mst. Fauzia Shaheen alias Fauzia Yasmeen by way of additional dower for the marriage contracted between Shaukat Ali and Mst. Fauzia Shaheen. He further states that the house is already in possession of the donee as she is living in the house with her husband. Mst. Fauzia Shaheen has accepted the gift. The gift, under the Muslim law has become complete and she has become owner of half of the house. Such an oral gift is not required to be registered under section 129 of the Registration Act. The Tehsildar will attest the mutation in respect of the gift within one month.

2. Mst. Fauzia Shaheen was allowed to meet her father and mother for more than two hours. She, however, states that she wants to go and live with her husband Shaukat Ali and does not want to go with her parents. She may go and live with her husband. Shaukat Ali and Fateh Muhammad have undertaken that if the parents of the girl come to their house they will be treated with honour and dignity and no harm shall be done to them. They will be allowed to see their daughter. The petition stands disposed of.

H.B.T./Mโ€‘391/L Order accordingly.

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