Law: Family Courts Act, 1964

Section: XXXV,5

Law: Muslim Family Laws Ordinance, 1961

Section: VIII,10

Law: Constitution of Pakistan, 1973

Section: 199

(a)    Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), S.10--Constitution of Pakistan, Art.199---Deferred dower, demand of---Subsisting marriage---Effect---Husband bound to pay Mehr-e-Mu wajjal on demand without awaiting dissolution of marriage---Rational---Briefly, the petitioner/wife instituted a constitutional petition challenging the judgment passed in family appeal by the district court, whereby the district court set aside, to the extent of deferred dower, the judgment and decree of the family court--The petitioner had earlier filed a family suit seeking restitution of conjugal rights, maintenance for herself and a minor child, recovery of unpaid dower, provision of separate accommodation, and recovery of delivery expenses amount, asserting that her marriage with respondent No.1/husband took place with agreed haq mehr comprising prompt dower and deferred dower along with gold; After pleadings, the family court framed issues, recorded evidence, and partly decreed the suit, granting restitution of conjugal rights, separate accommodation, recovery of dower, and maintenance---Respondent No.1 preferred an appeal limited to the grant of deferred dower, which was accepted by the appellate court, leading the petitioner/wife to the file the present constitutional petition---Held: In the present case, the parties in the nikahnama had agreed to have received seven tola gold and Rs.10,000/- being Mehr-e-Mu ajjal and Rs.25,00,000/- to be paid as Mehr-e-Mu wajjal---The parties had no controversy in respect of consideration of dower amount except that whether Rs.25,00,000/- was to be paid on demand or upon dissolution of marriage--Admittedly, uptill date the parties were tied with the thread of marriage as husband and wife---No ambiguity was found in holding that respondent No. 1 (husband) was obliged to pay Rs.25,00,000/- to her wife on demand and she needed not to wait to receive the said amount until dissolution of marriage--Impugned judgment and decree of the appellate court was set aside to that extent---Constitutional petition filed by wife was allowed, in circumstances. (b)    Family…