Law: Family Courts Act, 1964

Section: 10(4), 10(5),10(6), 11

Law: Dissolution of Muslim Marriages Act, 1939

Section: 2(ii), 2(viii), 2(ii-a), 2(ix), 5

Law: Muslim Family Laws Ordinance, 1961

Section: 6

Law: Constitution of Pakistan, 1973

Section: 189

Summary The petitioner, Arslan, challenged the Family Court judgment dated 01.09.2022, which partially decreed Nisha Shahid’s suit for dissolution of marriage, maintenance for the iddat period and dower, awarding her 50% of the deferred dower of Rs.100,000/-. The High Court held that the striking down of Sections 10(5) and 10(6) of the Family Courts Act, 1964 by the Federal Shariat Court in Imran Anwar Khan did not remove the Family Court’s jurisdiction to decide dower on a case-to-case basis. The Court emphasized that Khula and dissolution on statutory grounds such as cruelty are legally distinct. Where the wife proves cruelty under Section 2(viii) of the Dissolution of Muslim Marriages Act, 1939, her dower remains fully protected under Section 5 of that Act. Cruelty is not limited to physical violence and may include psychological, verbal, emotional and economic abuse, neglect, demanding money from the wife’s parents and expelling her from the matrimonial home. Such facts are to be proved on the balance of probabilities. A decree cannot be treated as Khula merely because the word “Khula” appears in the decree; the wife must have actually sought and consented to Khula. Since the respondent had pleaded physical abuse, expulsion from the matrimonial home and non-maintenance, the Court explained that these allegations could constitute cruelty and preserve her dower. The writ petition was therefore dismissed in limine. Tagline A wife who proves dissolution on the ground of the husband’s cruelty retains her full dower; a Family Court cannot automatically treat every dissolution as Khula and reduce or forfeit dower. ORDER; Through this writ petition, the petitioner, Arslan, has assailed the order and decree dated 01.09.2022 passed by the learned Senior Civil Judge (Family Division), Toka Tek Singh, whereby the suit filed by respondent No.1, Nisha Shahid, for dissolution of marriage, recovery of maintenance for the iddat period and dower, was partially decreed. The appeal filed by the petitioner against the said order and decree was dismissed as not maintainable, vide judgment and decree dated 07.02.2023 passed by the learned…