Dower After Procedure Of Khula In Pakistan:
Dower a precondition and
prerequisite of a valid matrimonial and wife could not be legitimized and would
be regarded as a sinful union in absence of dower. If husband has refused to
pay prompt dower after procedure of divorce in Pakistan. If proved on record
that the husband has refused to pay prompt dower after demand by wife she is
justified to live separately. Court has the powers to refuse the return of the
dowered property/amount to husband after
procedure
of khula in Pakistan. Court has the powers to refuse the return of the
dowered property/amount to husband or to release him from payment of dower
where due to his cruelty she was compelled to resort to Khula'. Al-Qur'an; Sura
Baqara, Verse 229; Sura Nisa, Verse 129; Tafheem-ul-Qur'an, Vol. I, p.175.
Incumbent upon the husband to maintain his wife and he is not absolved of his liability
to maintain her even though she be not residing with him provided she has a
lawful excuse or a legal right to refuse to live with her husband on account of
non-payment of prompt dower. Contracting second marriage by husband without permission
is a crime or husband has to first get Nadra divorce certificate in Pakistan.
Such dower consisted of Rs.50, 000 and ten Bighas land. Dismissal of suit by
Family Court for such dower is not recoverable during subsistence of marriage.
Award of decree by Appellate Court for recovery of Rs.50, 000 without saying
anything about other part of dower i.e., ten Bighas land. Courts below had
found that dower amount along with ten Bighas land admitted by husband to have
been fixed had not been paid to first wife.
Nikahnama was forged and fabricated:
Husband of the petitioner at the
time of marriage transferred land in the name of the petitioner by way of
dower. Husband submitted declaration under S. 7 of Land Reforms Act 1977
excluding land transferred to the petitioner but Authority included the said
land in his holding and after calculating total produce index units ordered him
to surrender excess land in favor of the Government. Nothing was on record to
prove that Nikahnama whereby land in question was transferred to the petitioner
by her husband by way of dower was a fabricated document. Authority considered
Nikahnama as forged and fabricated one on the ground of procedure of divorce in
Pakistan that columns therein dealing with amount and nature of dower were left
blank. Question as to whether leaving blank said columns Could lead to an
inference that the Nikahnama was forged and fabricated, needed consideration
but no opportunity was given to the petitioner to prove that in relevant column
of Nikahnama it was clearly mentioned that the bridegroom had given said land
to his wife/petitioner as dower and sad NIkahnama was written long prior to the
enforcement of Land Reforms Act, 1977. Nikahnama was admissible to prove factum
of alienation of property in lieu of dower.
Dissolution Of Marriage On the Basis Of Procedure Of Khula In Pakistan:
Authority which had not seen the matter in its
true perspective, had committed material irregularity and illegality while
rendering order which had resulted in grave miscarriage of justice. Order
passed by the Authority was set aside and case was remanded to be decided
afresh on merits. Almighty was to the effect that the wife had to return all
that which she had received from the husband, then no room was left to deviate there
from, but the Holy Qur'an had reduced the burden on the wife by commanding to
return Some consideration to the husband. Wife was under no obligation to
return each and every thing whether in cash or Dissolution of marriage on
ground of procedure of khula in Pakistan' If the Commandment of Allah kind she
had received from her husband at the time of her release from the wedlock on
the basis of 'Khula'. Words used "some consideration was of paramount
importance Wife had to return some consideration to the husband on seeking
dissolution of marriage on the basis of
procedure
of khula in Pakistan.
Judge had the authority to
determine whether Haq Mehr/considerations as a whole were not to be repaid by
the wife, but a. part of it. Judge could also determine as to what extent the
husband could be relieved from the payment of dower to the wife, if not already
paid. While exercising such discretion in that regard, the Judge while
dissolving marriage on the ground of procedure of divorce in Pakistan among
others, could take into consideration condition detailed by High Court
circumstances so that the wife was not forced to live impious life for
arranging money to repay in full or part of the consideration to the husband. Marriage
on the basis of procedure of khula in Pakistan could be dissolved and the wife
had to return such benefits/consideration agreed upon. Failure on the part of
the wife to pay the considerations for the divorce, would not invalidate the
divorce, though the husband could sue the wife for its recovery and that it
could not be postponed until the execution of the "Khulanama" (Deed
of Khula').
Family Court Could Grant Decree For Dissolution Of Marriage:
Family Court could grant decree
for dissolution of marriage on the basis of 'Khula when pre-trial
reconciliation efforts would fail. Court, however, while granting decree for dissolution
of marriage on the basis of 'Khula' would record Sound and cogent reasons in
support thereof and would also state that after holding trial, if the wife was
found liable to pay back the considerations determined by the Court which she
had received, same were to be returned to the husband. Family Court, however,
could not defer the grant of decree on the basis of 'Khula' for disruption of
marriage because the parties were not in agreement on the payment or
non-payment of dower and the decree of 'Khula would remain effective from the
date on which it was pronounced.
Restoration to the husband the dower received by the wife. Time except
at the time of marriage cannot be recovered through process off execution on
the basis of a decree obtained in terms of S. 10(4), West Pakistan Family Courts
Execution of decree and obtaining Nadra divorce certificate in Pakistan. Held,
dower paid at any other Act, 1964 granting dissolution of marriage in the procedure
of divorce in Pakistan
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