اگر فیملی کورٹ عورت کا دعوٰی تنسیخ نکاح بربنائے خلع بشرط واپسی حق مہر ڈگری کرتی ہے تو شوہر اسی ڈگری کی بنیاد پر حق مہر کی واپسی کیلئے اجرا دائر کرسکتا ہے

 2023 C L C 1285

Return/recovery of dower---Execution petition---Maintainability---Scope---Suit for dissolution of marriage on the basis of Khula was decreed subject to return of dower---Four tolas of gold ornaments was fixed as dower duly entered in Column of Nikah Nama---Executing Court turned down the objection of respondent/ex-wife that execution petition for recovery of Zar-e-Khulla was not maintainable---Appellate Court accepted the version/objection of respondent by allowing her revision petition---Held, that the decision of dissolution of marriage in terms of S.10(4) of the Family Courts Act, 1964, was compound, which on the one hand dissolved the marriage inter se parties and, on the other, said dissolution was made subject to return of dower---Manner and form of decree was prescribed in Rr. 16 and 17 of the Family Courts Rules, 1965, in light of which dissolution of marriage, on the basis of Khula subject to return of dower was a decree for all intent and purposes under S.13 of the Family Courts Act, 1964, and thus was executable---