Recovery of Maintenance and Dower 2000 MLD 1638 Case Laws

Recovery of Maintenance and Dower 2000 MLD 1638 Case Laws, Muslim Family Laws Ordinance 1961 —-Ss.9 & 10—West Pakistan Family Courts Act (XXXV of 1964), Ss.5, Sched. & 14—Constitution of Pakistan (1973), Art.199—Constitutional petition—Suit for maintenance and dower—Dower and dowry –Distinction—Wife in her suit for maintenance and dower had claimed gold ornaments and a house as dower—Family Court decreed the suit, but Appellate Court in appeal dismissed the claim of wife—Claim of wife qua ornaments and house was specifically mentioned in dower/deed/kabinnama—Wife who admittedly had received gold ornaments at the time of marriage had contended that gold ornaments which were given at the time of Nikah were part of dowry but were snatched and kept into possession by the husband—Contention was devoid of force because dowry were those articles which were given to wife by parents at the time of “Rukhsati” whereas dower was a right of wife which was. always paid or to be paid in lieu of marriage by husband—Dower once paid, liability of same would be satisfied—Taking away of dower by husband after marriage could be considered as loan/credit, return of which could only be sought through civil suit—Wife was entitled to payment of dower in shape of house which had been given to her in dower by husband as per dower deed.

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