Family Court Ordinance, 1985
Section 5 and
Section 10 of the Muslim Family Law Ordinance, 1961:
In this regard, we have examined the provisions of the Family Court Ordinance, 1985. It appears from the relevant provisions of the said Ordinance that the same is a special law by which a special Court, namely Family Court, has been established and that the provisions of the said law have been given overriding effect over any other law found to be inconsistent. As per Section 5 of the said Ordinance, the jurisdiction of the Family Court has been conferred relating to or arising out of all or any of the following matters, namely (a) dissolution of marriage (b) restitution of conjugal rights (c) dower (d) maintenance (e) guardianship and custody of children. Therefore, it appears that a wife is entitled to file a suit claiming a decree of dower before the Family Court established under the Family Court Ordinance, 1985. The term ‘dower’ has not been defined either by the Muslim Family Law Ordinance, 1961 or by the Family Court Ordinance, 1985. However, Section 10 of the Muslim Family Law Ordinance, 1961 provides that where no details about mode of payment of dower are specified in the nikahnama for the marriage contract, the entire amount of dower shall be presumed to be payable on demand. …Sadrul Huq being dead his heirs & ors. Vs. Farhana Firdousi & anr, (Civil), 16 SCOB [2022] HCD 62
Form of dower and who may undertake to pay the dower in Islamic law:
From the above opinion of the said islamic scholars, it appears that the landed property, being a valid property under Islam, may take the form of dower under Islamic principles, and anyone, including the father of the husband, may undertake to pay or transfer such dower. Therefore, it appears that the landed property in question was rightly taken to be a form of portion of dower to be transferred in favour of the plaintiff and that the father of the husband, namely defendant No.1, was allowed under the Islamic law to undertake or to transfer the said land in lieu of certain portion of the said dower money in favour of his daughter-in- law. …Sadrul Huq being dead his heirs & ors. Vs. Farhana Firdousi & anr, (Civil), 16 SCOB [2022] HCD 62 ....View Full Judgment