- LG-28 Siddique Trade Center Gulberg
- +92 324 4207207
- qanonihal@gmail.com
In Pakistan, people call anything the bride or her family gives to the groom or his family as a dowry. Giving dowry is a crime, but one can also recover it. If, after the marriage, the wife needs her dowry articles, then she can file a case for the recovery of dowry articles in Pakistan. The husband and his family are under a legal obligation to return all the items. The items may include any household item, clothes, property, vehicle, case, etc. People will consider anything given as a gift as dowry. The case of dowry articles can be files along with the case of khula in Pakistan
The wife has the right to file a case for the recovery of dowry articles in Pakistan. Irrespective of the fact that the wife is still living with the husband or not, she can get back what she or her family gave as a gift. The wife can file case against the husband or the husband’s parents. The courts can give an order to return everything that the bride or her family gave as
dowry. In Pakistan, whatever the wife gives is a dowry, and whatever the husband gives is a gift. You cannot return the gift, but you can return the dowry. The dowry articles can be claimed without the divorce in Pakistan from husband side also.
Yes! The dowry is illegal in Pakistan. It is illegal under the Dowry and Bridal Gift Restriction Act of 1976. If anyone gives the dowry, they may face imprisonment for up to six months, but this does not restrict the wife from getting the dowry articles back from the husband or his parents.
Dowry includes anything that the bride or her family gives as a gift to the groom or his family.
The evidence for dowry articles can be both oral and documentary.
The burden of proof in dowry articles cases is on the shoulders of the wife. The one who files the case has to prove it beyond any doubt. She can prove the case with documentary or oral evidence. Talaq in Pakistan is not required to claim the dowry articles
The only legal remedy for dowry recovery is to file the case in the family court through a lawyer. If you don’t get the articles from the husband, you can file the case in court.
The family courts in Pakistan enforce their dowry decrees. The court has the right to take strict measures if someone violates its orders. The court can order the arrest of the husband and can attach his property or salary if he is a government servant.
The family courts in Pakistan have the jurisdiction to try the cases for the recovery of dowry articles under schedule part 1 entry 3 of the Family Court Act 1964
The law Dowry and Bridal Gifts (Restriction) Act, 1976 imposes financial limitation on the expenditure on wedding in the shape of dowry and bridal gifts
Section 3 of Dowry and Bridal Gifts (Restriction) Act, 1976 imposes the restriction that the amount of dowry or the bridal gifts should not exceed Rs5000/- Rupees
Section 4 of Dowry and Bridal Gifts (Restriction) Act, 1976 imposes restriction that no one can gift the bride or the groom with the present of the value exceeding Rs100/-
Section 6 of Dowry and Bridal Gifts (Restriction) Act, 1976 imposes restriction that the expenditure on marriage should not exceed Rs2500/-
Section 8 of Dowry and Bridal Gifts (Restriction) Act, 1976 that the family of the bride will have to register a declaration before the registrar of the area that the expenditure on the marriage and dowry and the bridal gift amount did not exceed the limits provided by the law
Section 8 provides that complaint regarding this law will be made to the Deputy Commissioner
Section 9 of Dowry and Bridal Gifts (Restriction) Act, 1976 provides multiple punishments for the violation of this act
Dowry and Bridal Gifts (Restriction) Act, 1976
THE WEST PAKISTAN FAMILY COURTS ACT, 1964 PDF
As a primary relief the court orders the return of the same dowry articles claimed by the petiotioner. In case the dowry articles are broken, sold or missing then the court may also order the monetary market value of these items. In ordering the monetary market value of the items the court also asses the depreciation and inflation.
The list of dowry articles in an important document in the case for recovery of dowry articles. This list should be attached with the suit while filing the case. The list should include the below details
Below is the step by step court procedure for recovery of dowry articles
HIRE A LAWYER: For the case of recovery of dowry articles on the first step you need to hire a lawyer and provide him all the required information and documents
DRAFT CASE: The lawyer will draft your case and present it before the family court
NOTICE TO HUSBAND: The court will send notices to the husband that a case is filed against him
IF HUSBAND APPEARS: If husband appears he will submit his written reply to the case
IF HUSABAND DOES NOT APPEARS: If husband does not appears before the court, the court will proceed ex-party against the husband
EVIDENCE STAGE: On the date of evidence the plaintiff will tender her oral and documentary evidence and if the husband is contesting the case the husband through the lawyer will cross examine the evidence
ARGUMENTS STAGE: On the date of arguments the lawyer from both the sides will try to convince the judge
FINAL DECREE: If the court is satisfied with the arguments from the plaintiffs side the court will decree the case in the favor of the plaintiff otherwise the court will decline the case
EXECUTION: After the final court decree if the husband does not returns the dowry articles the plaintiff will file the execution petition in the same court.
2004 PLD 272 Lahore Syeda Mehwish v.s Additional District Judge In this case it was decided by the Supreme Court that the minor omissions or typographical discrepancies in the plaint’s inventory cannot deprive the wife of her legitimate belongings as the dowry articles are the undisputed personal property of the wife
NLR 2013 Civil 369 SC Samiye Iqbal Butt v.s Rehan Zafar in this case the Supreme Court decided that the heavy gold sets are customary bridal assets usually kept in family custody or lockers and can be decreed for return or alternate market value.
2016 MLD 242 LHC Shamim Akhtar v. District Judge In this case the Lahore High Court decided that the bridal gifts and personal belongings retained upon forcible ouster must be evaluated and decreed along with an executable alternative monetary value.
It is commonly mistaken in the cases of dowry articles that generally the wife thinks that the dowry articles can be claimed only after the divorce or khula.
It is legally advised that always contact an expert family lawyer in Pakistan when it comes to the cases of recovery of dowry articles
Our law firm in Pakistan deals with the civil criminal and family cases. Our law firm Qanoni Hal expert in the cases of recovery of dowry articles.
You can recover dowry articles in Pakistan through a case before the family court. If you want to file the case, you hire a lawyer. Advocate Nazia is the best family lawyer, and you may contact her for this case.
The family courts have the jurisdiction for dowry recovery cases. If the subject matter is the dowry, the case will go to the family court.
To prove the dowry articles case, you can submit documentary evidence and oral evidence. If you don’t have receipts, etc., then you can prove it through the oral statements of the witnesses.
The dowry recovery case in Pakistan takes about six months to one year. Circumstances of the case can shorten or delay the time. Moreover, it is the judge who gives the date and not the lawyer. The judges give dates according to their schedule.
Yes! One can recover dowry articles without a nikahnama entry. The nikahnama entry is plus, but not the only evidence.
Generally the limitation period for filing a suit for recovery of dowry articles in Pakistan is 3 years under the article 49 of the Limitation Act 1908. The limitation period starts from the date of cause of action or when the husband refuses to give back the dowry articles.
Yes! Women can recover the dowry articles during khula proceedings. Both cases of dowry articles and khula in Pakistan can be jointly filed in the same court.
No! The police cannot help you in the recovery of dowry articles. It is a family matter, and only family courts have jurisdiction over it.
Legally it is presumed that the gold ornaments in daily wears remains with the wife so the plaintiff must legally prove with evidences that the gold was entrusted to the husband. Very strict legally proofs are required by the courts. You may provide the receipts, pictures, videos and other testimonies by the witnesses to prove it in order to get it recovered
Yes! The bridal gifts are considered as dowry in Pakistan.
