Suit for dissolution of marriage on basis of Khula---Return of Dower -

 2022 CLC 634

Suit for dissolution of marriage on basis of Khula---Return of Dower ---Scope---No legal requirement exists in a suit for dissolution of marriage to restore to the husband the Haq Mehar received by wife in consideration of marriage at the time of Nikah---In terms of S. 10(5) of the Family Courts Act, 1964 the surrender of Dower by wife in a case of dissolution of marriage through khula is no more mandatory or a matter of course rather it is discretionary---Such surrender is not automatic but depends upon direction of the Family Court---Surrender by the wife under S. 10(5) is only a part of the Dower and not the whole of it---Scope of discretion of the Family Court in this regard covers not only whether or not to direct surrender of the Dower by the wife but also how much or what part of the prompt or deferred Dower ---Such direction for surrender has to be within the ceiling prescribed by the legislature in either case i.e. up to fifty percent of the deferred Dower or up to twenty five percent of the admitted prompt Dower ---Any direction by the Family Court to the wife for the surrender of Dower has to be part of either of the two, namely deferred Dower or admitted prompt Dower and not both---In the decree for dissolution of marriage, in case whole or part of the deferred Dower is outstanding, subject to S. 10(5), it is mandatory for the Family Court under S. 10(6) to direct the husband to pay the same to the wife