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Syed AMIR RAZA vs Mst — 2023 SCMR 1394 SUPREME-COURT

Case information

Citation
2023 SCMR 1394 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
SCMR
Parties
Syed AMIR RAZA vs Mst
Subject matter
Civil
Provisions referred to
S. 10; Family Courts Act

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

Syed AMIR RAZA VS Mst. ROHI MUMTAZ S. 10(5)---Dissolution of marriage through khula---'Deferred dower'---Entitlement of wife---Scope---Per section 10(5) of the Family Courts Act, 1964 ('the Act'), in a suit for dissolution of marriage, if reconciliation fails, the Family Court shall immediately pass a decree for dissolution of marriage and in case of dissolution of marriage through khula, may direct the wife to surrender up to fifty percent of her deferred dower or up to twenty-five percent of her admitted prompt dower to the husband---In the present case the house from the petitioner/husband, as mentioned in Nikahnama, was the deferred dower and as per the khula judgment, the respondent/wife was only entitled to fifty percent(50%) of the house (deferred dower)---This premise was grounded in Section 10(5) of the Act that while obtaining dissolution on the sole basis of khula, the respondent was bound to surrender fifty percent (50%) percent of her share in deferred dower---Wife, in case of khula, had to forego the dower amount as per section 10 of the Act---Petition for leave to appeal was converted into appeal and allowed, impugned order was modified to the extent of the deferred dower and the respondent/wife was held entitled only to fifty percent (50%) share in the house in question or market value thereof.

Other judgments reported in 2023 SCMR

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