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In Islamic law, dower, also known as “mahr,” is the sum of money or property that a husband gives to his wife as a gesture of respect and assistance. Furthermore this payment acts as a financial safety net for the wife’s well-being and support, preventing her from being vulnerable in case of marriage dissolution. In addition there are four categories of Dowery Law in Pakistan, which include Muta Dower, Specified Dower, Prompt Dower, and Deferred Dower. Read Complete Law of Dowry and Bridal Gifts (Restriction) Act 1976
Definition and Purpose:
- In English law, dower refers to the widow’s share of her deceased husband’s lands, intended to support her and her children.
- Conversely, in Islamic law, dower is the payment from the husband to the wife upon marriage, symbolizing the union.
- The main aim of dower is to ensure the wife’s welfare and financial security post-marriage, be it due to divorce or the husband’s passing.
How many types of Dower?
This is a type of dowry that must become paid to the wife before marriage or at the request of the wife. And if the husband refuses to pay such a dowry, then the wife may refuse to live with her husband. In this connection, and can apply to the court for a decision on the payment of the same.
If a wife lives apart from her husband due to non-payment of her dowry, she is entitled to maintenance at her husband’s expense. Where, if the husband completely and completely refuses to pay the dowry, the wife can file for divorce on its basis, and her such act does not deprive her of the right to the amount of the dowry.
In the event of the death of the husband, the right of the wife to claim the amount of her dowry will take precedence over any other loan on the estate of the deceased husband.
According to the decisions of the higher courts and Dowery Law in Pakistan, if the method of payment of the dowry amount is not indicated in the form of nikka, then such amount of dowry will be taken into account (Maher Muajal).
This type of dowry is one in which the payment of the zar-e-maher is delayed to become paid later. All or part of the dowry amount can be set aside for payment later in the marriage. In the event of the termination of marital life due to divorce or the death of the husband, the amount of the dowry shall become paid.
Usually, a deferred dowry consider a guarantee of marital life, for the reason that when and if the husband decides to divorce his wife, he will have to bear the additional burden of paying the amount of the dowry. Under section 6 of the Muslim Family Act 1961, if a husband marries another without the wife’s prior permission, the deferred amount must be paid immediately according to Dowery Law in Pakistan.
According to Dowery Law in Pakistan if the amount of the dowry does not fix at the time of the nikki and the parties have agreed that the amount of the dowry will become fixed at a later date, then according to Hanfi teaching, such nikka is valid and both parties to the nikki, during the livelihood of married life, themselves or through their agents can fix the amount of the dowry. In the event of a dispute, the court may also fix the amount of the dowry. In cases where the court has to fix the amount of a dowry, it shall take into account the following.
What we do?
We understand that you do not want to call a family law Company when dealing with personal family issues in accordance of Dowery Law in Pakistan. However, A.A.Dewan & Co. is approachable and considerate, taking the time to listen, really hearing you and helping you resolve your family issues so you can move forward.
For friendly and confidential legal assistance, contact us today.
What You Need to Know?
According to Dowery Law in Pakistan the family court must address a claim for the return of dowry items when filed by the ex-wife, as required by the Family Act of 1964. According to the law, any bridal gifts or dowry items received before, during, or after marriage belong to the wife, giving her the right to retrieve them following separation or divorce.
For those facing a similar scenario and seeking guidance on reclaiming dowry items in Pakistan, here is a comprehensive guide to assist you. Keep reading to learn more.
Family courts in Pakistan are set up according to Section 5 of the Dowery Law in Pakistan Family Court Act, 1964, with the objective of resolving marital disputes between spouses. Furthermore these disputes handled by the family courts include issues such as dowry recovery by the wife, child support, divorce proceedings, and other matters listed in the attached Schedule of the Family Court Act, 1964.
Before proceeding, here are the essential documents needed to file a lawsuit for recovery:
- Include a signed list of items claimed by the wife from the husband with their respective costs.
- Attach the receipt and original invoice for each item in the dowry.
- Provide evidence showing the bride and her parents’ financial capacity to contribute to the dowry, such as bank statements or relevant documents.
- Include a copy of your marriage certificate, if applicable.
- Any other documents required by the court should also be included.
After collecting all the necessary documents for a case, it’s important to understand the process involved in the recovery of dowry articles according to Dowery Law in Pakistan. Here’s a guide to help you navigate through the steps:
- The wife is the only one eligible to file a suit for the recovery of dowry articles in the Pakistani family court.
- A family lawyer needs to be appointed by the wife to initiate the case against the husband, ensuring all technical and legal aspects are taken into account.
- Following detailed deliberations on possible case outcomes, the lawyer will prepare the necessary documents for submission.
- Once the documents are ready, you will sign them and present them to the Family Court for review and resolution.
- Typically, the suit for dowry article recovery is filed in the family court where the marriage took place and ended, or where the wife currently resides. Alternatively, it can be filed in the family court within the husband’s jurisdiction. The lawyer will advise on the best course of action after considering various factors.
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