| Citation(s) |
|---|
| 1998 SLG 1181 1998 SLD 1181 1998 PLD 52 |
Lahore High Court
Writ Petition No. 973 of 1993, decided on 21st August, 1995
LFTIKHAR HUSSAIN CHAUDHRY, J
H,abibul Wahhab-al-Khairi for Petitioner Bashir Ahmad Ansari with Dildar Mir for
Respondent
Writ Petition No. 973 of 1993, decided on 21st August, 1995
LFTIKHAR HUSSAIN CHAUDHRY, J
H,abibul Wahhab-al-Khairi for Petitioner Bashir Ahmad Ansari with Dildar Mir for
Respondent
Dr. ANEES AHMAD
VS
Mst. UZMA
Law:
Section:
(a) Muhammadan Law-- ----"Dower" (Meter)---Connotation---Dower is denomination of property, consideration or 'Maul' which is paid, fixed or prescribed or undertaken to be paid to wife by husband at the time of marriage.--[Words and phrases]. Al-Qur'an: Sura Al-Nisa Verse 4 rel. Mst. Bilqees Fatima v. Najmul Ikram Qureshi PLD 1959 Lah. 566; AlQur'an: Sura Al-Baqra Verse 229; Mst. Khurshid Bibi v. Babu Muhammad Amin PLD 1967 SC 47; Abdul Majid v. Razia Bibi etc. PLD 1975 Lah. 766 and PLD 1987 Lah. 673 ref. (b) Muhammadan Law-- ----Dower---Husband's obligation to pay dower as consideration for marriage--Material benefits given by husband to wife would not amount to dower--Husband was under no obligation in law to confer any benefit on wife or pass on any gifts to her---Payment of dower, however, was obligatory on husband--Dower is wife's entitlement and right as consideration of marriage. Al-Qur'an: Sura Al-Nisa Verse 24; Muslim Personal Law by Dr. Tanzil-ur-Rehman and Dictionary of Islam by Hughes ref. (c) Muhammadan Law ---- Khula' ---Consign for Khula' ---Quantum--Consideration being important ingredient of Khula' anything which could constitute dower (Meter) could also be offered as consideration while seeking Khula' ---Quantum of consideration for Khula' could be equal to or less than dower---Husband can, on principle, demand consideration higher than dower amount but same was generally disapproved---Where cruelty was from husband, his realising compensation from wife for her Khula' was disapproved---Where insubordination was from wife, husband could take back only that property which he had given to her, his taking back more than that was equally disapproved. Imam Ibn Humaam in Fateh AI-Qadeer ref. (d) Muhammadan Law-- ---- Khula' ---Consideration---Fixation---Court should ordinarily fix consideration for Khula' equal to amount of dower paid or unpaid---Where, however, Khula' was decreed on basis of cruelty Court should not give any, consideration to husband---Husband agreeing to Khula' due to insubordination or intransigence of wife would. be entitled to return of, all property including dower given to wife. (e) West Pakistan Family Courts Act (XXXV of…
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