Procedure of Talaq in Pakistan:
Terms/words “Haq Mehr received by the wife in consideration of marriage at the time of marriage” were of considerable importance. This would mean that the payment of dower had either been established or the wife had admitted its payment at the time of granting decree or following talaq procedure in Pakistan. Only in cases of talaq procedure in Pakistan, the Family Court had to simultaneously direct the restoration of dower to the husband. The Talaq in Pakistan is Right of Every females. Here u need to Know The talaq Law in Pakistan & Prepare the Talaq Form in Pkaistan. The Talaq procedure in Pakistan is very simple and easy.
No Doubt:
Said condition, no doubt, was mandatory but was subject to proof. Dower was a consideration for the marriage contract, on its dissolution, the contract would stand rescinded, and then the consideration paid would remain un-discharged debt liability but would be subject to proof, the burden of which was undeniably on the husband to discharge by adducing evidence to that effect unless it was shown to have been paid either in the dower deed or in the Nikahnama’.
Family Court:
If the Family Court would defer the grant of the decree because the payment of dower was a point of the contest, it had to revert to the old fashion of trial where both the parties would lead evidence; such process in all probabilities, would consume sufficient time and the purpose intended to be achieved through Proviso to S. 10(4) of West Pakistan Family Courts Act, 1964 would be defeated. Keeping in view the entire scheme of the law, the sole object and intent of the legislature was to ensure the expeditious disposal of such disputes. The time frame fixed by the legislature for disposal of cases would lend iron-clad support to that view. Ambiguity or absurdity in the Proviso to S. 10(4) of the West Pakistan Family Courts Act, 1964 as to how to deal with the present eventuality needed to be clarified, and efforts had to be made to make the same effective and meaningful so that the object of the legislature was achieved fairly and squarely. Dower is a gift given by the bridegroom to the bride even after the talaq procedure in Pakistan.
Dower Gift:
Dower is a gift given by the bridegroom to the bride, and the Holy Qur’an is Silent on two types of dower, i.e., prompt and deferred dower. Where part of dower is described as deferred but no time limit is fixed for its payment, the time of such payment is either death or divorce. The gifts are given to the bride at the time of marriage, and in exchange, the bride’s parents spend a substantial amount of money buying gifts for particularly every close relative of the bridegroom. These, too, fall in the ambit of gifts. Amounting rupees, one lac was passed. Agreement deed was executed that in case of separation, the appellant will pay Compensation as dower and maintenance allowance to a minor. An amount of dower can be fixed even after the marriage and can also be increased. Dower is payable to the wife even it has not been specified at the time of ‘Nikah.
Family Court:
Held, the impugned decision for recovery of dower does not smack of any illegality. Family Court has appreciated and appraised the evidence, and no ground for interference in the impugned decision has been made out. The appeal was dismissed. Restitution of dower is not an indispensable condition for grant of Khula,’ and non-restoration of dower and other benefits will not affect the validity of the decree. Once the Family Court concludes that a wife was entitled to Khula’ it must pass such decree in her favor. The decision regarding the restoration of mutual benefits will have to be taken in the light of the facts of each case, and it will have the effect of only crating a civil liability even after the talaq procedure in Pakistan.
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