--Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976), S. 2(a)---suit for recovery of maintenance allowance, dowry articles, dower and gold ornaments---Dissolution of marriage on the basis of Khula-

 Citation Name: 2019 MLD 112

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Mst. IRAM SHAHZADI VS MUHAMMAD IMRAN-UL-HAQ

2003 SCMR 1261, 2008 SCMR 186, 2013 CLC 276, 2016 CLC 180, 2016 CLC 765, 2017 MLD 1101, 2017 YLR 1481, PLD 2007 Lahore 515, PLD 2012 Lah. 43, PLD 2012 Lahore 43, PLD 2018 Lah. 429, PLD 2018 Lahore 429, S. 5 & Sched.---Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976), S. 2(a)---suit for recovery of maintenance allowance, dowry articles, dower and gold ornaments---Dissolution of marriage on the basis of Khula---Entries against Serial/Column Nos.13 to 16 of the Nikahnama---Effect---Jurisdiction of the Family Court---Scope---Family Court declared the petitioner/plaintiff owner of 22-Tolas gold ornaments as per entry in Column 16 of the Nikahnama, however, Appellate Court set aside the decree to the extent of said gold ornaments---Petitioner/ex-wife contended that bridal gifts were in addition to and not in lieu of Haq Mehr (dower) thus, the same, being not part of the dower, were not liable to be returned to the respondent on the ground of Khulla---Respondent contended that Appellate Court had rightly reversed decree with regard to the said gold ornaments as Family Court had no jurisdiction to entertain claims regarding entries in Nikahnama---Validity---Held, matter in question called for the perusal of entries made at serial Nos. 13, 14, 15 and 16 of the exhibited Nikahnama which showed that Haqmahr of Rs. 5000/- fixed in the entry against serial No. 13, payment of which was deferred since the entry against serial No. 14 had been left empty---Entry against serial No. 15 showed that no part of Haqmahr was paid at the time of marriage---Entry of gold ornaments, weighing 22-Tolas, having been given to the bride by family of respondent was shown at serial No. 16 of the Nikahnama which became ownership of the petitioner---Mentioning of Rs. 5000/- as dower in column No. 13 left no doubt that gold ornaments were in addition to the Haqmahr and not in lieu thereof and did not form part of dower--Such gold ornaments were not part and parcel of dower but had to be regarded as bridal gifts in contradistinction to dower---Said gold ornaments, being bridal gifts, could not be withheld by the husband in lieu of Khulla as the same were not part of dower---Even otherwise respondent had shown his consent to return 22-Tolas gold ornaments to the petitioner while deposing before the Family Court---Section 2(a) of Dowry and Bridal Gifts (Restriction) Act, 1976 stipulated that the articles of dowry, bridal gifts, presents or all other moveable property were the belongings of the bride---Consideration for marriage was dower amount which had not been paid to the wife---Petitioner had waived her dower amount in consideration of Khulla which was enough---Family Court had the jurisdiction to entertain and adjudicate any matter arising out of the Nikahnama---High Court set aside impugned order passed by the Appellate Court and restored decree and judgment passed by the Family Court---Constitutional petition was allowed accordingly.