Brief Information of Process of Khula and Payment of Dower

Process of Khula and Payment of Dower:

Nazia Law Associates is the top law firm in Lahore Pakistan for the cases of dower amount recovery and process of khula in Pakistan due to which Nadra divorce certificate is issued. When a husband and wife were alone together in a plea where they were succeeded and nobody could enter or overlook without their knowledge and husband was free to have a connection with his wife without any let, hindrance or obstruction it would mean complete retirement constituting legal presumption of the consummation of the marriage where there was complete retirement husband was liable to pay the full amount of dower and not 1/2. Recovery of dower before consummation of marriage (I) Wife is entitled to payment of 1/2 amount of dower before consummation of marriage after divorce. Where marriage is not consummated, the wife is entitled to 1/2 dowers. But where marriage is not consummated and the husband died, the wife is entitled to full dower. In case of divorce by husband, this amount is reduced to 1 /2. Part of dower can still be ordered in the process of khula in Pakistan due to which Nadra divorce certificate is issued.

Once process of khula in Pakistan due to which Nadra divorce certificate is issued, then only a part of dower can be ordered by the court.

Remission of dower by wife:

Remission of dower at the funeral of the husband must be a voluntary act of widow, Court must be satisfied that she realized as to what she was doing and its consequences. The WILL between husband and wife existing, wife relinquishing dower to regain the affection of the husband. It is inequities to hold a woman remitting dower under such circumstances to be bound by it. Wife remitting dower on the death-bed, Doctor's statement also showing valid remission dower rightly remitted. Release of dower must be by instrument in writing. In the process of khula in Pakistan due to which Nadra divorce certificate is issued full dower is never granted. Remission at the funeral of the husband must be a voluntary act of widow, Court must be satisfied that what she was doing and its consequences. Widow can relinquish dower if she is in a clear position of understanding her rights. Res judicata: Wife claiming dower and husband raising the plea of constructive res judicata on the ground of decree of restitution of conjugal rights in his favor having been passed earlier. Wife claim for dower was not barred by res judicata in circumstances. Where a claim for recovery of debt got barred under law, the only consequence which followed was that aid of the Courts could not be invoked for its recovery but the debt itself did not become extinct and it was available for adjustment out of the Court.

Retention of Possession in Place of Dower Debt:  

(1) Right of wife to retain possession till satisfaction of dower debt is restricted to widow personality. Alienee from widow has no such right of retention.

A widow in possession of husband property without force or fraud is entitled to retain it as against heirs or other condition till her dower debt is satisfied but such is not the case in the process of khula in Pakistan due to which Nadra divorce certificate is issued. Wife is entitled to the retention of possession of the property until dower debt is satisfied.  Right of heirs: Right to sue for dower is not extinguished by the death of wife; wife's heirs can continue proceeding. Suit for recovery of articles: Dower, Nikahnama showing that certain amount was fixed as dower and articles of gold were given in satisfaction of dower by husband at the time of Nikah. The contention of wife that such articles were taken back when relations became strained and claiming her dower money was still outstanding, when the amount of dower was satisfied. Nature of claim put forth by the wife was completely changed from recovery of dower to recovery of articles; such claim did not fall within the exclusive jurisdiction of the Family Court.

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