MST. RAFIA YAQOOB vs SULEMAN AYUB — 2026 SCMR 561 SUPREME-COURT

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MST. RAFIA YAQOOB VS SULEMAN AYUB. S.5, Sched. & S.10(5)---Suit for dissolution of marriage on the basis of khula---High Court directing return of entire prompt dower, challenge to---Marriage remaining unconsummated---Effect---Wife's liability confined to surrender up to 25% of admitted prompt dower---Statutory limit in Punjab---Scope. Briefly, after the parties' nikah was solemnized, prompt dower was admitted as 15 tolas of gold; however, rukhsati did not take place and marriage remained unconsummated. Wife filed a suit for dissolution through khula. She did not plead that the admitted prompt dower was unpaid. Family Court decreed khula subject to surrender of 25% of the admitted prompt dower. Appellate Court upheld that decree, whereas High Court set aside the concurrent judgments and directed return of the entire prompt dower of 15 tolas on the ground of non-consummation. Question requiring determination before the Supreme Court was as to "whether, in a khula case in Punjab governed by Section 10(5) of the Family Courts Act, 1964, the wife could be directed to return the entire prompt dower due to non-consummation, or her liability was statutorily limited to surrender up to 25% of the admitted prompt dower?" Held: Section 10(5) of the Act, 1964 (specifically in the province of Punjab) empowered the Family Court, in cases of khula, to direct the wife to surrender up to twenty five percent of her admitted prompt dower to the husband and it did not make any distinction between consummated and unconsummated marriages. In the present case the admitted prompt dower being 15 tolas of gold, the maximum liability of the petitioner under Section 10(5) of the Act, 1964 could not exceed twenty-five percent i.e. 3.75 tolas of gold. Impugned judgment of the High Court was set aside. Present petition was converted into an appeal and allowed, in circumstances.

MST. RAFIA YAQOOB vs SULEMAN AYUB — 2026 SCMR 561 SUPREME-COURT

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