Dower in Case of Khula in Pakistan:
The dower amount is an amount fixed by the spouse at the time of marriage. Dower in case of khula in Pakistan is of two types.
Ø Deferred dower: Deferred dower is the dower amount that is to be paid by the husband in case of divorce, given by the husband.
Ø Prompt dower: dower is an amount that is to be paid by the husband to the wife at any time when the wife demands it from the husband.
Generally, if a female needs khula in Pakistan, she has to surrender her dower amount so that the decree of khula can be granted in her favor, but the family court can order the cancellation of half of the dower amount, entitling the wife to half of the dower amount also. In case the wife has already taken her dower amount, then the court can also order a grant of conditional khula to the wife. The court can order a khula decree ordering the wife to return 25% of the dower amount received by the wife.
IN CASE OF NO CONSUMPTION:
there was no consummation of marriage and after the nikah, the wife files the case of khula, in this case, the wife is not entitled to any dower amount. The wife is not entitled to any deferred or prompt dower when the wife has not consummated with the husband.
IN CASE OF CONSUMPTION:
In case of consummation, the wife may be entitled to some part of the dower amount, but it is totally at the discretion of the family court. If the court thinks that the wife is obtaining khula due to the fault of the husband, then she may be entitled to some part of the dower, but it is totally at the discretion of the court to decide dower in case of khula in Pakistan.
IN CASE OF MARRIAGE FOR MORE THAN A DECADE:
Where the marriage has been sustained for more than a decade, the high court has ordered that when a wife has devoted a long period of her life to the husband, she may be entitled to the amount of dower.
HUSBAND’S MISCONDUCT:
Where the wife, for the purpose of khula, proves that she is taking the khula due to the misconduct or cruelty of her husband, then she may be entitled to the amount of dower or any part of it. The dower in case of khula in Pakistan can be granted if the khula is due to husband’s misconduct.
IN CASE OF TALAQ IN PAKISTAN:
Where the husband gives divorce to the wife, it is called talaq in Pakistan. In case of talaq, the wife will be entitled to the complete dower amount as fixed in the nikahnama.
AS FIXED IN THE NIKAHNAMA:
The amount of dower will only be the amount as fixed at the time of marriage. During nikahanama registration in Pakistan, the amount of dower is specifically mentioned in the marriage certificate. Any other amount cannot be assumed by the court or by the parties.
The khula from the wife is taken from the family court on certain grounds, which she needs to prove in court. It is up to the discretion of the court to grant the dower amount along with the khula decree to the wife or not. The discretion of the court is exercised by the court judicially, and it varies in every case.
Read our other blogs on Nadra divorce certificates, and court marriage in Pakistan.
