Ss. 5, Sched. & 10(4)---suit for recovery of dower, maintenance and dissolution of marriage---Divorce pronounced by husband prior to consummation of marriage--

 Citation Name: 2019 YLR 1945

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NISAR VS Mst. FAUZIA

Ss. 5, Sched. & 10(4)---suit for recovery of dower, maintenance and dissolution of marriage---Divorce pronounced by husband prior to consummation of marriage---Effect---Dower, payment of---Scope---Family Court dissolved marriage on the basis of khula and found that defendant-husband was entitled for recovery of seven tolas gold as dower from the plaintiff-wife---Appellate Court modified the said judgment and held that wife was entitled for the half of the dower fixed at the time of Nikah---Validity---Marriage, in the present case, had not been consummated and dissolved prior to valid retirement---If Talaq was pronounced by the husband prior to consummation then wife was entitled for half of the dower fixed at the time of Nikah---Where Talaq was pronounced on the demand of wife then she was not entitled to half of dower---Marriage was dissolved by defendant-husband on phone, therefore, he was bound to pay half of the fixed dower to the wife---Wife, in the present case, was bound to return half of the dowered ornaments to the husband---Judgment of Family Court was rightly modified by the Appellate Court---Constitutional petition was disposed of accordingly.