KHAIR UD DIN vs Mst — 2021 PLD 85 PESHAWAR-HIGH-COURT

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KHAIR UD DIN VS Mst. SABIHA S. 5, Sched. & S.17---Suit for dissolution of marriage on ground of Khula---Return of dower---Scope---Four tolas of gold ornaments as dower was fixed between the spouses at the time of Nikah---In earlier suit filed by the wife for recovery of maintenance allowance, the Family Court held had that three (out of four) tolas of gold ornaments was tendered to the wife at the time of Rukhsati , which remained with her---Wife filed a subsequent suit for dissolution of marriage on basis of Khula, which was decreed---Petitioner/husband contended that Family Court should have, in the subsequent suit, also ordered return of three tolas gold ornaments, besides extinguishing his liability of one tola gold ornaments under the earlier decree---Held, that the entitlement of the wife regarding recovery of one tola gold ornaments (claimed as outstanding part of the dower fixed at the time of Nikah) stood vanished as a corollary to dissolution of marriage on the ground of Khula in the subsequent suit---Return of remaining three tolas gold ornaments , however, required a different treatment---Marriage between the spouses had remained effective for a period of 7/8 years, wherefrom three kids had also been born---Dissolution of marriage through Khula was not an inflexible rule that the dower, already paid, had to be returned to the husband---Justification for return of the already paid dower, in the present case, did not exist---In absence of such justification, Family Court was correct in its outcome, and non-discussion on the issue of return of dower would not render it liable to be reversed, under the constitutional jurisdiction of the High Court---No illegality or infirmity having been noticed in the impugned orders and judgments passed by both the Courts below---Constitutional petition was dismissed, in circumstances.

KHAIR UD DIN vs Mst — 2021 PLD 85 PESHAWAR-HIGH-COURT

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