Law: Family Courts Act, 1964

Section: 10(4)

(a) Islamic Law---------Divorce---Right of spouses---According to Injunctions of Islam, a muslim of sound mind, who has attained puberty, without assigning any cause, may even arbitrarily divorce his wife whenever he desires---Such absolute right in Islam, has not been so conferred upon wife---In order to secure her right as well, to wriggle out of an unhappy union, a wife under the law of land, which is based upon Islamic rule of Khula', can seek dissolution of marriage but unlike a husband only through decree of Court and on payment of such consideration fixed by Court, which she has to pay to husband in form of return of benefits attained by her under the marriage---Return of such benefits may include return of dower or any other articles already received by her. (b) Islamic Law--- ----Dower---Types---Primarily dower is in the nature of `prompt' i.e. payable immediately on demand and `deferred' which becomes due to wife on dissolution of marriage by death or divorce etc. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 10(4), proviso---Constitution of Pakistan (1973), Art.199---Constitutional petition---Dissolution of marriage by way of Khula'---Expression `restore'---Meaning---Return of dower---Principles---Marriage was dissolved by Family Court, by way of Khula' subject to extinguishments of right of wife to recover dower from husband---Wife was aggrieved of the condition imposed on her---Plea raised by wife was that the provisions of S.10(4) of West Pakistan Family Courts Act, 1964, were in the nature of confiscatory---Validity---Legislature, while promulgating S.10(4) of West Pakistan Family Courts Act, 1964, and in order to facilitate a wife to obtain divorce on the basis of Khula', had kept in view the Injunctions of Islam and had provided an expeditious and summary remedy to seek dissolution straightaway from her husband without going into the hassle of lengthy trial of the case but on the return of dower already received by her---There might be a possibility that Nikah between the wedding parties had taken place sometime earlier and Rukhsati was postponed and at the time of Nikah, neither the prompt dower was demanded, nor had been paid…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492