--Land and gold ornaments were mentioned in nikahnama--Validity--Marriage on basis of Khulla can be dissolved on basis of dower mentioned in Column No. 13 of Nikahnama.

 PLJ 2013 Lahore 104

Khulla--

----Under Islamic Sharia, marriage between a muslim man and woman can be dissolved on basis of khulla for which some consideration is formed--Form of dower which the wife was entitled to receive at time of demand.     [P. 106] A

Bridal Gift--

----Wife is also entitled to receive bridal gifts at time of marriage which is solely her property--As land of gift would go, once a gift is made title/ownership of same is departed from original donor and vests to donee which without consent of latter cannot be returned.     [P. 106] B

Dower--

----Land and gold ornaments were mentioned in nikahnama--Validity--Marriage on basis of Khulla can be dissolved on basis of dower mentioned in Column No. 13 of Nikahnama.  [P. 106] C

Mr. Muhammad Aslam Malik, Advocate for Petitioner.

Mr. Muhammad Amin, Advocate for Respondents No. 2-A to 2-G.

Date of hearing: 18.12.2012.

 PLJ 2013 Lahore 104
[Rawalpindi Bench Rawalpindi]
Present: Ali Baqar Najafi, J.
Mst. MUSSARAT IQBAL NIAZI--Petitioner
versus
JUDGE FAMILY COURT, etc.--Respondents
W.P. No. 200 of 2008, decided on 18.12.2012.

Order

This judgment shall dispose of Writ Petition No. 200 of 2008, Writ Petition No. 206 of 2010 and Writ Petition No. 207 of 2010 as common question of law and facts are involved.

2.  Through this writ petition the petitioner challenges judgment and decree dated 22.01.2008, whereby the suit of the petitioner/ plaintiff for dissolution of marriage was decreed under Section 10(4) of the Family Courts Act, on the condition that she will return 15 tola gold ornaments and 5 Marlas of land to the defendant as consideration for khulla given to her in lieu of dower at the time of marriage.

3.  Brief facts giving rise to the filing of this writ petition are that the petitioner filed a suit for dissolution of marriage against Respondent No. 2 before the Judge Family Court at Rawalpindi in which written statement was filed. On failure of re-conciliation their statements were recorded. A decree for dissolution of marriage was passed conditionally on 22.01.2008 restoring 15 tolas gold ornaments and 12 Marlas of land in favour of Respondent No. 2 under Section 10(4) of the Family Court Act which is challenged in this writ petition.

4.  Learned counsel for the petitioner contends that the imposition of condition of return of 15 tolas gold ornaments and 5 Marlas of land is against law and facts; that Nikahnama reveals that Rs.50,000/- as dower was mentioned in Column No. 13 which was to be payable on demand and the same is not paid up till now which is consideration for khulla; that under Column No. 16 of the Nikahnama land of 5 Marlas have been transferred as gift to the petitioner which is not Haq Mehr and cannot be restored; that gold ornaments weighing 15 tolas have been given as bridal gift which although already snatched by the Respondent No. 2 cannot be formed basis for khulla; that Respondent No. 2 appeared as DW-1 in the earlier case and admitted that she was turned out from his house. Places reliance on Tariq Mehmood vs. Mst. Farah Shaheen (2010 YLR 349) and Perveen Umar and others vs. Sardar Hussain and others (2004 SD 215) to argue that gold ornaments mentioned in Column No. 16 are bridal gift which are not part of the dower and at least cannot be based as consideration for Khulla.

5.  Conversely, the learned counsel for the respondents submits that the suit for recovery of Rs.50,000/- and recovery of maintenance were dismissed whereas suit for restitution of conjugal rights was decreed, against which the appeal was filed in which the same order was upheld on 14.06.2007. This order was challenged in Writ Petition No. 206 of 2010 and Writ Petition No. 207 of 2010 filed by the petitioner; that on 25.07.2007 i.e. immediately after the said judgment suit for dissolution of marriage on the basis of khulla was filed; that no strict principle of CPC and Qanoon-e-Shahadat Order, 1984 are applicable in the cases relating to matrimonial disputes; that Writ Petition No. 206 of 2010 and Writ Petition No. 207 of 2010 were filed on 15.01.2010 and as such the same are hit by laches. Places reliance on Muhammad Husain Munir and others vs. Sikandar and others (PLD 1974 Supreme Court 139), Abdul Rehman Bajwa vs. Sultan and 9 others (PLD 1981 Supreme Court 522) and State Bank of Pakistan through Governor and another vs. Imtiaz Ali Khan and others (2012 SCMR 280).

6.  I have heard the learned counsel for the parties and perused the available record.

7.  Under Islamic Sharia the marriage between a Muslim man and woman can be dissolved on the basis of khulla for which some consideration is formed. This is in the form of dower which the wife is entitled to receive at the time of demand. Apart from that, a wife is also entitled to receive bridal gifts at the time of marriage which is solely her property. As the land of gift would go, once a gift is made the title/ownership of the same is departed from the original donor and vests to the donee which without consent of the latter cannot be returned.

8.  In the instant case, an amount of Rs.50,000/- mentioned in Column No. 13 as dower money, 5 Marlas of land and 15 tolas gold ornaments are also mentioned meaning thereby that the land of 5 Marlas and the said gold ornaments are part of the bridal gift. Consideration for khulla can be the dower amount which is specifically mentioned to be Rs.50,000/-. I rely upon the judgment (2008 SCMR 186), wherein it was held that the marriage on the basis of khulla can be dissolved on the basis of dower mentioned in Column No. 13.

9.  The impugned order in Writ Petition No. 206 of 2010 and Writ Petition No. 207 of 2010 upholding order dated 07.06.2006, whereby suit for recovery of dowry has been satisfied; therefore, no further order is required. Suit for maintenance was dismissed and as Respondent No. 2 is no more alive, no further proceedings would be required in that petition. Similarly, suit for restitution of conjugal rights was decreed in view of the judgment and decree dated 22.01.2008, the same has already become infructuous.

10.  The learned counsel for the respondents under misconception that Writ Petition No. 206 of 2010 and Writ Petition No. 207 of 2010 were filed on 20.01.2010 whereas record reveals that these were filed on 08.09.2007, therefore, no question of laches is involved. In this view of the matter, Writ Petition No. 206 of 2010 and Writ Petition No. 207 of 2010 are dismissed whereas Writ Petition No. 200 of 2008 is allowed with the result that it is declared that marriage between the petitioner and Respondent No. 2 dissolved on 22.01.2008, for a consideration of Rs.50,000/- as khulla which she would forgo. The property 5 Marlas and 15 tolas gold ornaments are bridal gifts and are ownership of the petitioner.

With the above terms these writ petitions stand disposed of.

(R.A.)  Petition disposed of