- Dower is a subsisting charge upon the husband till it is discharged or proved to have been remitted by the wife — As it is admitted that it has not been paid hence, it was for respondent to provide that it has been remitted by appellant (wife) — The best proof of remittance is a document on which reliance is placed — Original document should have been in possession of respondent in whose favour it is written — It is illogical to accept that document was given to appellant (wife) who remitted the dower — A document conferring right upon a person is expected to be in his possession — In absence of document being in possession of respondent it is to be believed that it was fraudulently got executed and the signatures on the blank paper were obtained from her (wife) which was torn out by her when it transpired that the agreement of remittance of dower is written fraudulently — Assuming the document to have been written, it does not appear to have been written with free will of the appellant who tore out the same when it dawned upon her that it is agreement of remittance of dower — In absence of any proof of voluntary remittance of dower, it cannot be believed that the dower has been remitted. Kausar Perveen v. Sattar Ahmed Khan Abbasi and another 2006 SCR 210 (A)
- It is settled law that dower once paid, cannot be demanded for second time through Family Court — No evidence that ornaments were snatched by the husband — If assumed that ornaments were snatched by the husband — held: then too, the plaintiff cannot demand the same as dower, some other remedy may be available to the party. Azhar Bashir v. Sadia Shafique 2015 SCR 521 (C)
- Suit for recovery. Muhammad Sajid v. Mst. Sajida Rasheed & another 2016 SCR 1284 (B)
- —Recovery of —reduction in amount of instalment–consideration of financial position of husband— first instalment fixed by the trial Court as Rs.46,000/- and the husband has deliberately not complied with the direction of the trial Court, therefore, we would like to order the husband to pay amount of Rs.46,000/- within one month— However, keeping in view the financial position of the husband and overall circumstances of the case, we have reduced the amount of instalment fixed by the trial Court to Rs.20,000/- per month. Basharat Hussain v. Judge Family Court & another 2019 SCR 257 (A)
- —Entitlement of— in case of consummation of marriage, the wife becomes entitled for full amount— whereas, in case of nonconsummation the wife is entitled to receive half of the dower–consummation occurs when the couple spends sometime after the marriage in seclusion or privacy—intercourse is not necessary for consummation of marriage. Aamir Farooq Versus Naima Farooq 2021 SCR 209 (A & C)
- —Consideration of marriage—marriage in Islam has a contractual mature and dower is the consideration agreed between the parties which the husband has to pay to the wife either promptly or subsequently, in accordance with the terms of agreement. Mehvish Kazmi versus Parvaiz Hussain & another 2021 SCR 609 (J)
- —deferred dower—required to be paid on demand, when no period is stipulated in Nikahnama—in case of divorce, automatically becomes payable—the deferment of the payment of dower to a wife with her consent is not prohibited but if in the column of deferred dower a stipulated period is not mentioned for the payment of dower, the husband is bound under law to pay dower to the wife whenever it is demanded and in case of divorce, becomes automatically payable. Muhammad Ishaq Naz & another vs Saima Abdul Rehman 2024 SCR 431(A)
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