section 5 and section 10(4) of West Pakistan Family Courts Act 1964

Dissolution of marraige by way of khula – dower (haq Mahr) – return- scope- dispute regarding payment of dower – wife admitted payment of dower at the time of marriage but alleged that the same was snatched from her subsequently – wife filed suit  for dissolution of marriage by way of khula which was decreed by the trial court in lieu of payment of dower. However due to the dispute between parties regarding payment of dower, trial court framed an issue to the effect that whether husband had paid doer to the wife – validity – wife had admitted that dower was paid to her and that same was later allegedly snatched from her – once the husband had paid to her wife liability of payment of dower stood fulfilled – even if dower was subsequently snatched by the husband it could not be said that dower amount was not paid – allegation made by wife that her dower amount had been snatched by the husband did not absolve her from the liability of returning the same because once dower amount was paid by the husband, payment of dower attained finality and allegedly snatched amount article would not be termed as dower amount -trial court had passed decree for disslution of marraige by way of khula in liue of dower but at the same time also framed an issue to the effect that whether husband had paid dower to the wife – trial court in such circumstances should have first decide the issue regarding payment of dower after recording evidence and then should have passed decree for granting khula or otherwise – case was remanded to the trial court with direction to first decide the issue regarding payment of dower and then pass appropriate order with regard to grant of khula.

2013 CLC 450