LAHORE: The Lahore High Court held that according to the Muslim Family laws, where no details about the mode of payment of dower are spelled out in Nikahnama or marriage contract the entire amount of dower shall be payable on demand.
The court said it is not necessarily means payable on dissolution of marriage by death or divorce. The dower being payable on demand could be claimed by the petitioner even during subsistence of marriage, the court added.
The court allowed the petition of one Samina to the extent that the petitioner shall be entitled for the dower amount of Rs 500,000 from the respondent.
The court said the appellate court has misconstrued the dower payable on demand, as deferred dower payable only on dissolution of marriage either by death or divorce.
So far as the claim of petitioner for enhancement of maintenance allowance is concerned, admittedly the petitioner did not challenge the quantum of maintenance allowance of Rs 5,000 determined by family court at the relevant time, therefore, the said amount has already attained finality and cannot be challenged by the petitioner at this stage, the court held.
Relevant facts are that the petitioner filed a suit for recovery of maintenance allowance and dower amount of Rs 500,000 against the respondent during subsistence of marriage.
The said suit was decreed for the dower amount of Rs 500,000 and for maintenance allowance Rs 5,000 per month with 10% increase per annum. The petitioner did not challenge the said decree, however, the respondent filed Appeal.
The appellate court dismissed the appeal against entitlement of maintenance allowance, however, accepted the appeal against dower and declined the same on the ground that the dower being deferred cannot be claimed during subsistence of marriage.
The court said in the present case, Column No 13 of the Nikahnama does not specifically mention that the amount five hundred thousand rupees was prompt dower or deferred rather only mentions that same is dower payable on demand, which means that it is not deferred dower, payable only on dissolution of marriage either by death or divorce, but same is payable at time of demand even before dissolution of marriage, the court concluded.
Copyright Business Recorder, 2023
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