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When a couple gets married, they decide the haq mehar amount in Pakistan. The husband generally pays this amount to the wife either at the time of marriage or in case of divorce. If this settled amount is unpaid, then the wife has the right to approach the family court for the recovery of the dower amount in Pakistan. The dower amount is paid by the husband to the wife after the divorce in Pakistan.
Below is the procedure that tells you how to recover the dower amount in Pakistan after the talaq by husband.
The husband is under an obligation to return the haq mehar to the wife in case of divorce. It is a type of protection for the wife. Both Islam and law give this protection. Return of haq mehar in Pakistan is the right of the wife. If the husband divorces the wife, she has the right to sue him.
There are two types of dower amounts in Pakistan as follows:
Prompt dower is the dower amount that the husband has to pay the wife whenever she demands. If the nikhanama states the dower amount as prompt, then she can claim it at any time after the marriage or even after court marriage in Pakistan. The deferred dower is the amount that the husband has to pay the wife in case he gives her a divorce.
According to Section 5 and the Schedule of the Family Courts Act, 1964, the Family Courts have the jurisdiction to hear cases for the recovery of dower amount in Pakistan.
The Nikah Nama has certain columns where the amount of Haq Mehar is mentioned:
Once the court issues a decree in favour of the petitioner, the court can also enforce its decree through various modes, as follows:
The dower amount can not only be in the form of money, but it can also be in the form of gold, property, a vehicle, or any other material thing.
The cases for both the recovery of dower and recovery of dowry articles can be filed together in a single case before one judge.
THE WEST PAKISTAN FAMILY COURTS ACT, 1964 PDF
It is commonly mistaken in cases of dower amount that overseas Pakistanis think that, in order to file a case for the recovery of dower amount, they have to be in Pakistan. Overseas Pakistanis can file the case remotely through a lawyer whom they can hire through a Special Power of Attorney.
It is legally advised to always contact an expert family lawyer in Pakistan when it comes to cases for the recovery of dower amount in Pakistan.
Yes! The family court in Pakistan can recover the dower. If the husband does not pay the amount, the wife can hire the services of a lawyer and sue the husband. You can also hire the services of our expert family lawyer, Advocate Nazia.
The time limit for filing a suit for recovery of dower amount is 3 years according to the section 103 and 104 of Limitation Act 1908. The limitation period starts from the date of demand by the petitioner or from the refusal of the respondent
Yes! If the dower is fixed as a deferred amount, then the wife can claim the dower after the divorce in Pakistan.
No! The dower is not recoverable after khula in Pakistan. A female has to surrender partial amount if the amount is unpaid, and she has to return partial amount if she has already received the dower amount as the court orders.
Yes! A wife can recover the dower after the husband’s death. The husband owes dower as a debt, and creditors can recover it even after the death.
The divorce case takes about 6 months to one year to decide, generally. It may take less or more time depending on the circumstances of the case.
Yes! You can recover the dower amount without a nikahnama in Pakistan, but you will need very strong evidence for that. Generally, the courts rely on the amount written in the nikahnama.
Yes! The legal heirs can be sued for the recovery of the dower amount in Pakistan. It can be recovered from the property left by the deceased.
If the husband refuses to pay the dower amount, then you may file the case in the family court through a lawyer.
Yes! A lawyer can help in the recovery of haq mehar in Pakistan.
The court can send the ex-husband to jail and his properties or salary can be confiscated as a punishment.
