Table of Contents
Case Overview
This case involves civil petitions challenging the Peshawar High Court’s decision dated 28.11.2022. The central issues include the dissolution of marriage, maintenance, dowry recovery, and dower rights.
Key Facts
Respondent No.1 filed two suits in 2014:
- The first sought jactitation of marriage or dissolution based on cruelty, along with dowry and maintenance claims.
- The second demanded maintenance and possession of a house or its market value.
The trial court granted dissolution through khula, requiring Respondent No.1 to waive her dower. It also awarded maintenance for her and the minor child and partially decreed dowry recovery. The appellate court enhanced maintenance and dowry costs but upheld the khula decision.
High Court’s Decision
The High Court reversed the lower courts’ decisions. It ruled that the petitioner had already divorced Respondent No.1 through talaq, making khula unnecessary. Consequently, the court awarded Respondent No.1 her dower (half of the house).
Legal Issues
Khula vs. Dissolution Due to Cruelty
Courts cannot impose khula unless a woman explicitly requests it. Khula requires her consent and involves waiving her dower rights. In contrast, dissolution under the Dissolution of Muslim Marriages Act (DMMA) protects a woman’s dower rights and does not require her to waive them.
Right to Dower
Respondent No.1 sought dissolution based on cruelty, not khula. She never consented to waive her dower. The court confirmed her entitlement to retain her dower, in line with her legal rights.
Court’s Findings
Evidence showed that the petitioner had divorced Respondent No.1. Thus, the High Court correctly ruled in her favor. She retained her right to dower. The petitioner’s challenge was without merit.
Conclusion
The Supreme Court dismissed the petitions. It upheld the High Court’s decision, affirming Respondent No.1’s right to dower, maintenance, and dowry recovery.