“However, where a dispute arises on this
issue between the parties as to the
payment/receipt/remission of dower then the
same would have to resolved by the Family Court. In this situation if the wife is willing
to deposit the dower amount in Court, then
too a preliminary decree for dissolution of
the marriage should be passed by the Family
Court whereafter the disputed issue
regarding the dower amount could be
resolved. Of course if the wife does not
deposit the dower amount in Court; the
matter would have to be decided upon
taking evidence whereafter the decree
should be passed accordingly. In this
connection it would be seen that where the
husband asserts payment but the same is
denied by the wife, he would have to prove
the same because the onus of proof is always
upon the person who alleges a fact.
Reference can also be made to Mulkhan
Bibi v. Muhammad Wazir Khan PLD 1959
(W.P.) Lahore 710. As regards section 17 of
the Family Court Act, 1964, which provides
that the Qanun-e-Shahadat, 1984 and the
Code of Civil Procedure, 1908 shall not
apply to proceedings before the Family
Court, in my opinion the same does not
debar such Court from passing a preliminary
decree dissolving the marriage on the basis
of Khula‟ or any other ground. The
provision of section 17 as to nonapplicability of the Qanun-e-Shahadat Order
and Civil Procedure Code in my view, is to
expedite the proceedings before the Family
Court so that the same are not delayed for
lack of procedural formalities as contained
in the aforementioned laws. The same
cannot be construed so as to defeat the
purposes of the Family Courts Act, 1964”
Used In Judgment of:
Lahore High Court
WP- Family Law
337-12
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