Suit for dissolution of marriage to restore the husband the Haq Mehr received by the wife in consideration of marriage at the time of Nikah.

 2022 CLC 634

It is manifest that since substitution of subsection (4) of Section 10 ibid through the Punjab Family Courts (Amendment) Act, 2015 (XI of 2015), there is no legal requirement, to the extent of province of the Punjab, in a suit for dissolution of marriage to restore the husband the Haq Mehr received by the wife in consideration of marriage at the time of Nikah. This was postulated under proviso to the substituted Section 10(4) of the Act. The said requirement has now been substituted with the newly inserted subsection (5) in Section 10 of the Act.

In terms the Section 10(5) of the Act, the surrender of dower by wife in a case of dissolution of marriage through khula is no more mandatory or as a matter of course rather it is discretionary. Such surrender is not automatic but depends upon direction of the Family Court. The surrender by the wife under Section 10(5) of the Act is only a part of the dower and not the whole of it. The 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 Section 10(5) ibid, it is mandatory for the Family Court under Section 10(6) of the Act to direct the husband to pay the same to the wife.