Law: Muslim Family Laws Ordinance, 1961

Section: 6(5)

Law: Family Courts Act, 1964

Section: 5,Sched

(a) Islamic Law--- ----Dower, payment of---"Prompt" and "deferred" dower---Principle---According to Islamic Injunctions, there is no split on the dower, whether deferred or prompt---Dower was obligatory on husband, which was the entitlement of wife as consideration of marriage. Saadia Usman and another v. Muhammad Usman Iqbal Jodoon and another 2009 SCMR 1458; Head Note 290 of Muhammadan Law by D.F.Mullah and Holy Qur'an Verse 24 of Surah-e-Nisa distinguished. Dr. Anees Ahmad v. Mst. Uzma PLD 1998 Lah. 52; Dr. Sabira Sultana v. Maqsood Sulari , Additional District and Sessions Judge, Rawalpindi and 2 others 2000 CLC 1384 and Muhammad Azam v. Additional District Judge and others 2006 YLR 33 rel. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Muslim Family Laws Ordinance (VIII of `1961), S.6(5)---Deferred dower---Suit for recovery of deferred dower---Husband contracting second marriage without prior permission of existing wife or that of Arbitration Council---Effect---Dower even if termed as deferred, would forthwith become payable by the husband to the wife in such circumstances. Munazza Noor and 2 others v. Additional District Judge and others 2009 CLC 374 and Mst. Shaheen Begum v. Zakaullah Khan "Ghouri and others 2009 MLD 1124 rel. JUDGMENT IBAD-UR-REHMAN LODHI, J.---The marriage between the petitioner and respondent No.1 was solemnized against a consideration of dower in shape of gold ornaments weighing 20-tolas and in the relevant columns of Nikahnama the nature of dower was mentioned as " " (deferred). 2. It was not a peaceful and happy matrimonial life of the spouses and respondent wife had to take resort of filing a suit inter alia for recovery of the dower. The learned Judge Family Court, Toba Tek Singh on 2-11-2011 proceeded to dismiss the same. The portion of the suit for maintenance was earlier withdrawn by the plaintiff on 3-11-2010. The suit for restitution of conjugal rights filed by the writ petitioner was decreed through the same judgment. 3. In appeal, findings of the court below with regard to the dower amount was reversed and suit was decreed to the tune of gold ornaments weighing 20-tolas or market value…

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