2023 SCMR 1394
Per Section 10(5) of the West Pakistan Family Courts Act, 1964, in a suit for dissolution of marriage, if reconciliation fails, the Family Court shall immediately pass a decree for dissolution of marriage and in case of dissolution of marriage through khula, may direct the wife to surrender up to fifty percent of her deferred dower or up to twenty-five percent of her admitted prompt dower to the husband.
The house from the petitioner, as mentioned in Nikahnama, is the deferred dower and as per the khula judgment, the respondent is only entitled to fifty percent (50%) of the house (deferred dower). This premise is grounded in Section 10(5) ibid that while obtaining dissolution on the sole basis of khula, the respondent is bound to surrender fifty percent (50%) percent of her share in deferred dower.
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