" Dissolution of marriage & Return of Dower amount".

2014 YLR 105 SINDH

Ss. 10 (4) & 5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), Form II, Column 15---Constitution of Pakistan, Art.199---Constitutional petition---Suit for dissolution of marriage on the basis of khula and recovery of dowry articles---Restoration of dower amount to the husband by the wife---Scope---Contention of wife was that dower amount was not paid to her; however; husband contended that he had paid the same to her after marriage according to a 'faisla'---Validity---Parties had adopted divergent stances with regard to payment of dower amount---Family Court could not adjudicate such controversy without recording evidence and providing opportunity to the parties to substantiate their claims---Husband had not mentioned in his written statement as to when, where and amongst whom the alleged "faisla" was made or whether the same was brought in black and white or not---Dower amount was not paid by the husband to the wife at the time of marriage---Right to exercise khula by the wife was dependent upon restoration of dower amount to the husband but same was qualified with the word 'at the time of marriage'---Matter of defendant did not fall within the ambit of purview of proviso to S. 10(4) of West Pakistan Family Courts Act, 1964---Restoration of dower amount to the husband received by the wife in consideration of marriage at the time of marriage must be in consonance with the amount referred to in column 15 of the nikahnama---Dower amount paid at any other time except at the time of marriage could not be restored at the time of dissolution of marriage when reconciliation failed---Constitutional petition was dismissed in circumstances.

S. 10 (4)---Dissolution of marriage on failure of reconciliation---Object of S.10(4) of West Pakistan Family Courts Act, 1964 was to provide the specific remedy without any undue delay so as not to keep the woman in a state where she might be deprived of her right to remarry while she was of marriageable age in addition to the mental agony and tension which was the objective to meet the ends of justice.

2014 YLR 105 SINDH

Before: Zafar Ahmed Rajput J.