Guide the People on Jurisdiction of Dower and Process of Khula in Pakistan

Jurisdiction of Dower and Process of Khula in Pakistan:

Nazia Law Associates is the top law firm in Pakistan for the recovery of dower amount and to conduct the process of khula in Pakistan which can result in issuance of Nadra divorce certificate. (1) Dower debt, suit may be filed at the place where wife resides, principle analyzed. Unpaid dower, suit for recovery of place for instituting the suit: Courts within local limits of which the wife ordinarily reside has jurisdiction in a suit for dower. Unregistered gift deed of dower : (1) Transfer of property by the husband to his wife instead of her dower, can be effected even without a registered instrument, provisions of Sections 17 and 49, Registration Act would not be attracted to such transfer even after process of khula in Pakistan which can result in issuance of Nadra divorce certificate. Gift made under the Muslim Law orally or by the unregistered document is valid. Transfer of immovable property by the husband to wife in place of dower, such transfer not required to be effected through registered instrument. Writing if necessary: Assessment of dower by the bridegroom to the bride, writing if necessary. Writ: Ex parte decree of dower cannot be questioned in the writ petition.

Appeal:

(1) Amount of Rs, 50,000 as dower was decreed by the Family Court, an appeal would lie before the District Judge. (2) Family Court constituted under Section 3 of the Family Courts Act being not ordinary Courts, the jurisdiction of the Courts not to be limited by the Civil Courts Ordinance, 1962. Memo of appeal filed against the decree of a judge on the ground of his having pecuniary jurisdiction is not applicable. Therefore, the jurisdiction of the Additional District Judge being not affected by any pecuniary limits, impugned order of the Additional District Judge set aside and appeals to be heard and decided by him on merits. Order of directing deposit of decretal amount before hearing of the appeal on merits is wholly untenable and unwarranted. Whatever amount of dower might be decried appeal would lie to the District Court and not to the High Court & same is the case in the process of khula in Pakistan which can result in issuance of Nadra divorce certificate

Reference:

The sole question raised in the appeal was as to whether the mere entry in the Nikahnama that the disputed house was instead of dower to the respondent, failed to convey its title to the respondent because of the provisions of Section 17 read with Section 49 of the Registration Act.  The respondent is admittedly in possession of the disputed house under Hiba-bil-iwaz in consideration of Rs 50,000 as dower was also referred wherein it was held that transfer of a house by a Muslim husband in favor of his wife in place of her dower was essentially a gift and as such, it did not require to be effected through a registered document even after the process of khula in Pakistan which can result in issuance of Nadra divorce certificate.  The entry regarding the gift of the disputed house was made in Nikahnama to show dower filed at the time of marriage had been paid to the wife. The objection raised by the appellate Court that Nikahnama being an unregistered document does not create any interest or right in the disputed house in favor of the respondent given the provisions of Section 49 of the Registration Act held, untenable since the disputed house was given by the appellant to the respondent in place of her dower and the transaction under the circumstances must be considered as one of Hiba-bill-lwaz The provisions of Sections 17 and 49 of the Registration Act are not attracted in case of transfer of property by the husband to wife in place of dower can be effected even without a registered instrument. The appeal was dismissed.  Defence: The wife may remit the dower or any part thereof in favor of the husband or the heirs even in the process of khula in Pakistan which can result in issuance of Nadra divorce certificate. Such remission is valid though made without consideration but a remission must be made with free consent if made in mental distress on account of her husband's death is not binding on her. A stipulation that wife will not be competent to remit dower without consent of her relation is valid. Ill-will between husband and wife, wife relinquishing dower to retain affection, iniquitous to hold and a woman remitting dower under the circumstances to be bound by it. Inflated amount of dower for glorification, dower fixed privately, decreed not in the case of the process of khula in Pakistan which can result in issuance of Nadra divorce certificate. Our Law Firm in Lahore is one the best and in our law firm there are many expert lawyers who are working on the Khula cases in Pakistan.

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nawazraza Joined: December 14th, 2020