Dissolution of marriage through khula, may direct the wife to surrender up to fifty percent of her deferred dower

 The marriage between the parties has been dissolved on the basis of ’Khula’ under Section 10(5) of the Family Courts Act, 1964. In such a situation, the percentage of dower, which has to be surrendered by a wife, has been described in the provision, as under:-

”10(5) In a suit for dissolution of marriage, if reconciliation fails, the Family Court shall immediately pass a decree for dissolution of marriage and, in case of dissolution of marriage through khula, may direct the wife to surrender up to fifty percent of her deferred dower or up to twenty-five percent of her admitted prompt dower to the husband.”

Therefore, when admittedly, the dower was prompt, then 25% of it, should have been surrendered. In this way, the findings of the learned appellate court, holding the petitioner, entitled for whole of the above mentioned settled dower, could not be termed as justified. Therefore, it is held that the petitioner shall surrender 25% of the dower and as such would be entitled for 75% of the dower amount, which becomes Rs.3,75,000/-.

1. Writ Petition No. 3066 of 2020
(Adnan Zulfiqar Vs. Addl. District Judge, Gujar Khan etc.)
2. Writ Petition No. 177 of 2021
(Salma Mumtaz Vs. Adnan Zulfiqar etc.)