Gold dower left out of the decree sheet by mistake can still be enforced

Judgment at a glance

Legal issue

Could the appellate court, on the husband's own appeal, direct that one tola of gold dower be added to the decree, where the trial court had found for the wife on the dower issue but its decree sheet mentioned only the house?

Decision

Yes. The trial court had held the wife entitled to one tola of gold and a 10-marla house as dower but left the gold out of the relief paragraph and the decree sheet. That was a procedural error, and since an appeal is a continuation of the suit the appellate court could correct it even though the wife had not appealed; the Family Courts Act is beneficial legislation for women, and leaving the error would let the husband exploit it at execution. The Nikahnama is a registered document carrying a presumption of truth, and nothing showed that the wife waived or received her dower. The husband also could not challenge the maintenance of Rs. 3,000 a month in writ jurisdiction, as no appeal lay against it (2020 MLD 2011 Lahore). The petition was dismissed in limine.

Key principle

Where a Family Court decides an issue in the wife's favour but omits that relief from the decree sheet, the error is procedural and can be corrected on appeal even without a cross-appeal; a husband cannot use it to avoid paying dower recorded in a registered Nikahnama.

Outcome

Dismissed

Relevant law

Constitution of Pakistan 1973, Art. 199

Why it matters

• Check the decree sheet against the court's findings; omissions can be corrected rather than defeat the claim.
• The Nikahnama's dower entry is strong evidence; waiver or payment must be proved by the husband.
• Small maintenance awards that cannot be appealed cannot be challenged through a writ petition either.

Cite as: Afzal Hussain v. Mst. Irshad Bibi etc., 2025 LHC 2306, Lahore High Court, W.P. No. 3883 of 2025, decided 9 April 2025

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