Dower in Delegated power of Divorce
The right of “Tafeez of Talaq” is delegated right therefore it cannot be termed as Khulla by making wife liable to return dower. There is much difference between prayer of khulla and exercise of delegated right of divorce. In latter wife can repudiate marriage herself, while in former wife has to seek divorce/dissolution of marriage. (reference 2013 CLC 1625 Peshawar)
Generally a pardanashin woman is one who by the custom of the country or the usage of the particular community to which she belong to observe complete seclusion (pardah) covered her face with a veil, cloak or cover and avoids coming in public. A woman will be pardanashin if she does not go to the court and use to stay away from communications in matters of business with men other than the members of her family.
The important aspect of Pardah is modesty for women, which include minimizing interaction with other stranger men. For pardah it is not necessary that a woman may be educated or illiterate. No doubt the veiling was initially a custom in the ancient Greeks in Romans Empires. They had also adopted pardah as a custom but when Christianity was established and starting spreading Pardah was deemed mandatory for women. The Holy Qura’an justifies Pardah for women as a religious obligation as listed in Verse 53 of Surah 33.
Section 132(1) read as under: “women who according to the customs and manners of the country, ought not to be completed to appear in public shall be exempted from personal appearance in court.” and Order XXVI Rule 1 of CPC says: “Any court may in any suit issue a commission for examination in interrogatories or otherwise of any person resident within the local limits of its jurisdiction who is exempted under this code from attending the court or who is from sickness or infirmity unable to attend it.”
Once a woman urged that she is Pardahnashin, then no evidence is required for satisfaction of the court in support of her pleas even though denied by the other side. (Reference 2013 CLC 1813 Peshawar)
Receipts of the Dower Articles
Suit for the Recovery of dowry articles- proof in form of list dowry articles bearing signatures of husband side- scope- not possible for a wife to produce such kind of documentary evidence.
Court observe that in our society it is not possible for any bride/wife to keep the record of purchase receipts prepare the list of dowry articles, and obtain signature from bridegroom / husband side. In judge observation mothers start collecting purchase and preserving of articles for her daughter when she starts growing. It is also a tradition that in laws of any bride/wife are extended esteem respect and it is considered an insult to prepare the dowry list for the purpose of obtaining signature form them. I am also forfeited with the ration and wisdom of the court of apex provided though cases Muhammad Habib versus Mst. Safia reported as 2008 SCMR 1584 and Mirza Arshad Baig versus Additional District Judge reported as 2005 SCMR 1740 (Reference 2013 CLC 1789 Sindh)