Law: Muslim Family Laws (Punjab Amendment) Act, 1975 

Section: 10

Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 10---Dower---Deferred dower---Scope---Wife sought recovery of deferred dower during subsistence of marriage---Validity---Prompt dower was payable on demand during subsistence of the marriage tie whereas the deferred dower was payable on the time stipulated between the parties, but where no time was stipulated, it was payable on dissolution of marriage either by death or divorce---Deferred dower did not become "prompt" merely because the wife had demanded it---High Court observed that the wife was not entitled to recover her dower at this stage and her suit was premature---Constitutional petition was allowed, in circumstances. Saadiq Usman and another v. Muhammad Usman Iqbal Jadoon and another 2009 SCMR 1458 fol. Muhammad Azam v. Additional District Judge and others 2006 YLR 33; Muhammad Shabbir v. Rehana Kausar and others PLD 2013 Lah. 102; Joodat Kamran Alvi v. Additional District Judge and others 2012 MLD 1466 and Muhammad Sajjad v. Additional District and Sessions Judge and 2 others PLD 2015 Lah. 405 distinguished. Shah Daraz Khan v. Mst. Naila and 3 others 2015 MLD 73 and Mst. Mehnaz Mai v. Ghulam Abbas and 2 others 2018 CLC Note 104 ref. THIS JUDGMENT DELIVERED BY: TARIQ SALEEM SHEIKH, JUSTICE:---.---This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, assails the vires of judgment and decree dated 23-7-2019 passed by the Additional District Judge, Multan, whereby he set aside the judgment and decree of the learned Family Court, Multan, dated 14-5-2019. 2. Brief facts giving rise to this petition are that on 1-1-1992 the Petitioner contracted marriage with Respondent No.2 for which 50 tolas gold was fixed as dower. Although the nuptial tie still subsists there are serious differences between them. On 2-2-2017 Respondent No.2 filed a suit against the Petitioner in the Family Court for recovery of dower. The Petitioner contested the suit on facts as well as on legal grounds. However, his main plea was that her claim was premature because the Nikahnama specifically mentioned it as deferred dower which was payable on dissolution of marriage by death or divorce. The…

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