Muslim Law

  1. Under Muslim Law father being natural guardian was held entitled to custody — Mother can claim custody of male child up to seven years as of right — Before attaining the age of seven years she can be deprived from custody of male child only if some strong circumstances are brought on record to justify that it would not be in the welfare of such child to keep him in the custody of her mother. Azra Bi v. Zafar Iqbal 2001 SCR 580
  2. Under Muslim Law or under any other law the Court is not empowered to reduce the amount of dower on the ground that husband is not possessed of means to pay the dower. Zeeshan Butt v. Jamila Shafi 2007 SCR 187 (D)
  3. Mahr or dower is a sum of money or other property which the wife is entitled to receive from the husband in consideration of marriage — If not paid remains outstanding as a debt and is to be paid as specified —The husband can settle any amount may be the same is beyond his means — Once it has been fixed the same can neither be reduced by husband or by anybody else except the wife herself. Zeeshan Butt v. Jamila Shafi 2007 SCR 187 (E)
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