PESHAWAR, Nov 27: The Peshawar High Court has dismissed a writ petition of a woman requesting the court to order her husband to give her the legal share from his property.

A division bench comprising Justice Tariq Pervez and Justice Shahjehan Khan Yousafzai observed on Friday that in the life of the husband he was not bound to transfer his property to wife.

The petitioner, Aseel Jehan, claimed that her husband had reached an agreement with her while he was in prison owing to a domestic dispute following which he was released. She said that he had agreed to transfer her and her children share to their name in accordance with Shariah.

According to facts of the case, the petitioner had filed a suit in a civil court in Swat for the recovery of her dower and maintenance amount to the tune of Rs500,000. In the suit her father, Shah Loban, and her husband, Noorullah, were made parties.

In that suit Noorullah claimed that he had already paid the maintenance and the dower amount to the father of the woman and he was not liable to pay it. The court issued a decree in favour of the woman.

Later, she filed an application for execution of the decree. The court directed Shah Loban to pay the amount otherwise he would be arrested. The husband of the lady appeared before the court as guarantor for Shah Loban, stating that he would be responsible in case the father failed to pay the money.

Finally, the court arrested the husband instead of Shah Loban after he failed to pay the money.

Noorullah entered into an agreement with her wife to transfer her share in accordance with the Shariah after he was released. In the light of the agreement the Zila Qazi (district and sessions judge), Swat, ordered that the husband should be released.

When Noorullah failed to transfer the property, his wife filed a petition requesting the PHC that in accordance with that agreement her husband should be directed to transfer the property in her name.

Advocate Roohul Ameen appeared for the husband and said the woman had been paid the money by her father in accordance with the court decree.

He added that after payment of the amount by her father, the husband was no longer liable to transfer the property in her name.

Mr Ameen argued that under the Shariah law the husband was not liable to transfer the property during his life. He added her share in the property of her husband become intact only after his death.