Recovery of Dowry Article Under Muslim Family Laws in Pakistan
In Pakistan, Muslim family laws allow for the recovery of dowry articles by a divorced wife. This is a positive step, as it helps to protect the rights of women and ensures that they are not taken advantage of in a marriage. The court said that family courts have jurisdiction to entertain a suit for recovery of dowry articles. This is a positive development, as it will help to ensure that women are not taken advantage of in marriage and will help to protect their rights.
Introduction
In Pakistan, Muslim family laws make no provision for financial protection upon divorce for Muslim women, despite the question of post-divorce support often arising. In 1961 the Muslim Family Laws Ordinance was introduced, which codified various personal status issues regarding marriage, divorce, and custody. The Ordinance does not provide any guidance on the issue of dowry or post-divorce support. As a result, divorced Muslim women in Pakistan have no legal recourse to recover any sort of financial support from their former husbands.
This lack of legal protection leaves divorced Muslim women in a very vulnerable position. Often, they are forced to rely on their families for support or to take up menial jobs just to make ends meet. This is especially true if they have young children to care for. Without any legal recourse to recover dowry or post-divorce support, many divorced Muslim women in Pakistan are left destitute and without any means to support themselves or their children.
Definition of Dowry
In Pakistan, the recovery of dowry articles by a divorced wife was decreed by the Family Court. The court said that family courts have jurisdiction to entertain a suit for recovery of dowry articles. The wife is fully entitled to remain in possession of the dowry articles and the husband cannot claim them back. The amount of dowry will be modified and decided by the court according to the facts and circumstances of each case.
Status of Dowry in Pakistan
In Pakistan, the status of dowry is governed by the Muslim Family Laws. According to these laws, a divorced wife is entitled to recover dowry articles from her husband. The recovery of dowry articles by a divorced wife was decreed by the Family Court and the decreed amount was modified and approved by the Lahore High Court. The court said that family courts have jurisdiction to entertain a suit for recovery of dowry articles.
Legal Protection for Victims of Dowry Abuse
Dowry is a major problem faced by many Muslim families in Pakistan. The concept of dowry is completely alien to Islam and is not sanctioned by the Quran or Hadith. However, the practice of giving and taking dowry has become so common that it has now become a social norm. This has led to many problems, including financial difficulties for families, mental and physical abuse of women and even death.
There are a number of laws in Pakistan that offer protection to victims of dowry abuse. The Dowry Prohibition Act, 1961 makes giving and taking dowry a criminal offence. The punishment for this offence can range from a fine to imprisonment. The Women’s Protection Act, 2006 also provides protection to women against domestic violence, including dowry-related violence. In addition, the Supreme Court has issued a number of judgments that have helped to protect the rights of women and offer them some relief from the problem of dowry abuse.
Despite these legal protections,
The Role of Family Law in Dowry Recovery
It is evident that family law plays an important role in the recovery of dowry articles in Pakistan. The courts have recognized the jurisdiction of family courts to entertain such suits and have also decreed the amount to be recovered. However, the problem of dowry abuse still persists in the country. This is due to the fact that many women remain unmarried due to financial constraints. Moreover, the law does not provide for adequate protection to women who are married off without their consent. As a result, they are often subjected to abuse and violence.
Islamic Provisions Regarding the Recovery of Dowry
In Pakistan, the recovery of dowry articles by a divorced wife was decreed by the Family Court and the decreed amount was modified and
Normally, suit for recovery of Dowry Article can be filed in family court in whose territorial jurisdiction marriage was solemnized or where the marriage was
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 purposes
In Islam, the dowry or the mahr, is clearly stated as an obligation by the groom to his bride in the Quran.
Allah says in the Quran.
“And give
1 filed suit for recovery of dower, dowry articles, gold ornaments and maintenance whereas the petitioner No.
1 in his written statement
impugned Judgment and Decree dated 08.
2019 passed in
The Impact of Social Norms on Dowry Recovery
In Pakistan, the recovery of dowry articles by a divorced wife was decreed by the Family Court. The decreed amount was modified and the case was sent to a higher court. However, the case was again dismissed by the higher court on the ground that the family courts do not have jurisdiction to entertain such suits.
The issue of dowry is a sensitive one in Pakistan. Many women remain unmarried due to dowry abuse. Despite a Dowry and Bridal Gifts (Restrictions) Act 1976, dowry abuse is rising in Pakistan.
Dowry abuse is a serious issue that needs to be addressed. The Muslim Family Laws Ordinance, 1961; Dissolution of Muslim Marriage Act, 1939 and the visitation rights of parents; Jactitation of marriage; Dowry and Bridal Gifts (Restrictions) Act 1976 are some of the laws that deal with this issue. However, these laws have not been effective in curbing dowry
Strategies for Effective Management and Enforcement
In this case, the recovery of dowry articles by a divorced wife was decreed by the Family Court and the decreed amount was modified and
This section contains texts of nine cases: Khurshid Jan v.
Fazal Dad (Interpretation of Law), Fazli-E-Subhan v. Fazli-E-Subhan
Sabereen (remarriage), Muhammad Zaman v.
Irshad
NADEEM AKHTAR, J – Family Suit No. 982/2010 filed by respondent No. 1 against the petitioner for dissolution of their marriage, maintenance at the rate of Rs. Every marriage solemnized under Muslim Law shall be registered in Nothing shall debar a wife whose marriage has been terminated by talaq from remarrying. Through this constitutional petition, the petitioner has challenged the validity of order dated 16.04.2016, whereby learned Judge Family Court allowed the application filed by
Conclusion
In this case, the recovery of dowry articles by a divorced wife was decreed by the Family Court and the decreed amount was modified and
At the conclusion, the same was decreed on 30.
2005, dissolving the marriage, allowed the recovery of dower and maintenance allowance while cross claim
Recovery of dowry articles amounting to Rs.
150,000/-.
iii.
Recovery of: (a) maintenance allowance at the rate of Rs.
10,000/- per
