KHALID PERVAIZ vs SAMINA S — 2024 SCMR 142 SUPREME-COURT

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KHALID PERVAIZ VS SAMINA S. 10---Muslim Personal Law (Shariat) Application Act (V of 1962), S. 2---Family Courts Act (XXXV of 1964), S. 5 & Sched.---Dower (Mehr), recovery of---Failure of husband to pay dower (mehr)---Compensatory costs imposed on husband---Trial Court directed the husband/petitioner to pay to the wife/respondent the mehr (of Rs. 500,000/- mentioned in the Nikahnama) and maintenance with annual increase of ten percent---Validity---Mehr has to be paid whenever demanded by the wife---Mehr can be demanded during the subsistence of the marriage, and the husband is under an obligation to pay it---In the present case the husband/petitioner had two wives, but he did not fulfil his obligations towards one of them(i.e. respondent) when he failed to pay the mehr demanded by her---Wife had to file a suit for recovery of the mehr and maintenance, and the husband unnecessarily involved the wife in litigation, which reached the Supreme Court after six and half years---Such kind of frivolous litigation was paralysing the judicial system of the country---Husband took up an untenable defence, and perpetuated it probably because costs were not imposed upon him and the courts did not insist that the decision of the Family Court should first be complied with before entertaining a challenge to it---Imposing sufficient costs may have had the salutary effect to make the husband act reasonably---Courts should not hesitate in imposing costs, and compensatory costs too when required---Counsel for the husband stated that the mehr (dower) would be paid to the wife through bankers cheque/pay order/demand draft or will be deposited in the Family Court within one month---Supreme Court directed that in addition to imposing costs throughout it was imposing compensatory costs to the extent of one hundred thousand rupees on the husband considering the decrease in the value of money, and that if the mehr and the said costs were not paid the Family Court shall execute present order, which may include attachment of the properties of the husband---Leave to appeal was declined and the petition was dismissed.

KHALID PERVAIZ vs SAMINA S — 2024 SCMR 142 SUPREME-COURT

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