Law: Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Muslim Family Laws Ordinance, 1961

Section: 9

(a) West Pakistan Family Courts Act (XXXV of 1964)---S. 5---Muslim Family Laws Ordinance (VIII of 1961), S.9---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider the correct import of `deferred dower' and whether it could become prompt if and when demanded; whether Family Court could not grant maintenance which instead could be granted by Arbitration Council as mentioned in S.9 of Muslim Family Laws Ordinance, 1961; whether amount of maintenance decree commensurated with status and income of husband; whether restitution of conjugal rights could be allowed subject to condition of separate living of wife with husband abroad; and whether restitution of conjugal rights could be subjected to payment.of maintenance. (b) Islamic Law--- ----Dower---Meaning---Dower is gift given by bridegroom to bride and the Holy Qur'an is silent on two types of dower i.e. prompt and deferred dower. (c) Islamic Law--- ----Dower---Mehr-e-Mu'wajjal---Payment---Where part of dower is described as Mu'wajjal i.e. deferred but no time limit is fixed for its payment, the time of such payment is either death or divorce. (d) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5---Deferred dower (Mehr-e-Mu'wajjal)---Recovery---Demand of deferred dower---Wife filed suit for recovery of deferred dower (Mehr-e-Mu'wajjal), which suit was decreed in her favour by Family Court--Judgment and decree passed by Family Court was maintained by Lower Appellate Court but High Court in exercise of Constitutional jurisdiction modified and decree in the terms that deferred dower (Mehr-e-Mu'wajjal) would be recoverable at the time of dissolution of marriage either by death or divorce---Validity---Prompt dower was payable on demand during subsistence of marriage tie whereas deferred dower was payable on the time stipulated between parties---Where no time was stipulated, deferred dower did not become "prompt" merely because wife had demanded the same---Total amount of dower, in the present case, was fixed at Rs.10,00,000, prompt dower to the tune of Rs.5,00,000 which was paid at the time of marriage in shape of gold ornaments etc.---As no time was fixed for…

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