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MUHAMMAD RAFIQUE vs ADDITIONAL DISTRICT JUDGE SIALKOT S — 2022 YLR 2067 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 2067 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
MUHAMMAD RAFIQUE vs ADDITIONAL DISTRICT JUDGE SIALKOT S
Subject matter
Civil
Provisions referred to
S. 7---; S. 5; S. 10---S; S. 10---; Muslim Family Laws Ordinance; Muslim Family Laws Ordinance (VIII of 1961)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD RAFIQUE VS ADDITIONAL DISTRICT JUDGE SIALKOT S. 7--- Talaq (Divorce)--- Scope---Where husband had pronounced divorce during pregnancy of wife and the period of 90 days as contemplated in Muslim Family Laws Ordinance, 1961, had expired during the period of pregnancy, High Court observed that the divorce between the parties became effective immediately on the birth of the child. S. 5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), S. 10---Suit for recovery of dower---Deferred dower---Scope---Petitioner (husband) assailed judgments and decrees passed by courts below whereby respondent's (wife's) claim for recovery of dower amount was decreed---Contention of petitioner was that the marriage between the parties was still intact, therefore, the dower which was deferred in nature could not have been granted to the respondent---Validity---Prompt dower of the respondent was paid and deferred dower was also fixed regarding which no timeframe was given as to when it could be claimed by respondent---Deferred dower could only be paid to respondent either at the culmination of marriage or at the death of petitioner---Petitioner himself had admitted that he had divorced the respondent, as such, she was entitled to claim and recover the deferred dower---Constitutional petition was dismissed. S. 10--- Dower--- Scope--- Prompt dower is paid on demand whereas the deferred dower is paid either on the dissolution of marriage or on the death of husband---If some timeframe is given in the Nikahnama with regard to the demand of deferred dower then wife can claim the same before the dissolution of marriage or death of husband.

Other judgments reported in 2022 YLR

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