Case Details

Citation(s)
2016 SLG 2172 2016 SLD 2172 2016 YLR 440
Shariat Court (AJ&K)
Family Appeal No. 28 of 2014, decided on 15-10-2015.
SARDAR ABDUL HAMEED KHAN, JUSTICE

TAHIR HANIFVS.SAIRA KOSAR

Law:

Section:

(a) Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----S. 5, Sched---Dower---Payment of---Classification of dower---Scope---Contention of husband was that dower was deferred and same was payable in case of dissolution of marriage on his death or on divorce---Suit was decreed by the Family Court---Validity---No misreading or non-reading of evidence had been pointed out in the impugned and decree passed by the Family Court---Amount of dower was to be paid within the period fixed in the Nikah Nama---Classification of dower as prompt or deferred had no sanction behind it except for convenience of the parties---Payment of dower was an obligation of husband and failure thereto would tantamount to injustice and inequity---Dower was demanded by the wife at the time of Rukhsati and same was agreed to be paid within one year---Family Court had rightly passed impugned and decree in favour of wife---Appeal was dismissed in circumstances. 2009 SCMR 1458 distingiushed. 2007 SCR 187; Dr. Sabira Sultana v. Maqsood Sulari and others 2000 CLC 1384 and 2000 CLC 1384 rel. (b) Islamic law--- ----Dower---Payment of---Limitation---If period was fixed for payment of Muajjal dower then it would become payable on the completion of stipulated period. (c) Islamic law--- ----Dower---'Deferred/delayed dower'---Meaning---Deferred/delayed dower was payable on demand or on the eve of dissolution of marriage by Talaq or death if no condition was specified in the Nikah Nama. (d) Islamic law--- ---Dower---'Mehr Ghair Muwajjal'---Meaning---Mehr Ghair Muwajjal meant deferred dower which would become prompt on demand of wife at any time after consummation of marriage and husband would be bound to pay balance amount of dower to the wife immediately. (e) Islamic law--- ---"Dower"---Classifications. Sardar Imtiaz Akbar for Appellant. Sardar Manshad Sarwar for Respondent. THIS JUDGMENT DELIVERED BY: SARDAR ABDUL HAMEED KHAN, JUSTICE:-----------The Captioned appeal has been directed against the judgment and decrees passed by the learned Senior Civil Judge/ Judge Family Court Rawalakot dated 31.03.2014, whereby the trial Court decreed the suits for dower and maintenance filed by the respondent/…
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