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| Bridal gifts ki wapsi. 2026 SCMR 561 |
🎁 شادی کے تحائف اور واپسی کا دعویٰ
سپریم کورٹ کا اہم اصول
(2026 SCMR 561)
📌 تعارف
📖 مقدمہ کا پس منظر
⚖️ بنیادی قانونی نکتہ
🎁 اہم اصول
🚫 واپسی کا حق نہیں
⚖️ قانونی نتیجہ
📌 خلاصہ
حق مہر
(Prompt Dower)
اور خلع میں واپسی کی حد
📌 تعارف
📖 مقدمہ کا پس منظر
⚖️ بنیادی قانونی سوال
🏛️ سپریم کورٹ کا فیصلہ
👉 خلع کے مقدمات میں بیوی کی ذمہ داری زیادہ سے زیادہ 25% مہر تک محدود ہے
👉 بیوی اس سے زیادہ مہر واپس کرنے کی پابند نہیں
⚖️ اہم قانونی اصول
📌 خلاصہ
Must read judgment.
2026 SCMR 561
[Supreme Court of Pakistan]
Present: Shahid Waheed, Musarrat Hilali and Salahuddin Panhwar, JJ
Mst. RAFIA YAQOOB-Petitioner
Versus
SULEMAN AYUB-Respondent
Civil Petition Appeal No. 2159 of 2025, decided on 23rd January, 2026.
Vo
(On appeal against the judgment dated 18.03.2025 passed by the Lahore High Court, Rawalpindi Bench, in W.P. No. 1954 of 2019),
(a) Family Courts Act (XXXV of 1964)--
S.5, Sched. & S.10(5)--Suit for dissolution of marriage on the basis of khula-High Court directing return of entire prompt dower, challenge to-Marriage remaining unconsummated-Effect-Wife's liability confined to surrender up to 25% of admitted Prompt however, rukhsati did not take place and marriage remained unconsummated; wife filed a suit for dissolution dower-Statutory limit in Punjab-Scope-Briefly, after the parties nikah was solemnized, prompt dower was admitted as through khula; she did not plead that the admitted prompt dower was unpaid: Family Court decreed khula subject to surrender of 25% of the admitted prompt dower: Appellate Court upheld that decree, whereas, High Court set aside the concurrent judgments and directed return of the entire prompt dower of 15 tolas on the ground of non-consummation--Question requiring determination before the Supreme Court was as to whether, in a khula case in Punjab governed by Section 10(5) of the Family Courts Act 1964, the wife could be directed to return the entire prompt dower due to Bon-consummation, or her liability was statutorily limited to surrender up to 25% of the admitted prompt dower?"-Held: Section 10(5) Section 10(5) of the Act, 19641 1964 (specifically in the province of Punjab) empowered the Family Court, in cases of khula, to direct the wife to surrender up to twenty five percent of her admitted prompt dower to the husband and it did not make any distinction between consummated and unconsummated marriages---In the present case the admitted prompt dower being 15 tolas of gold, the maximum liability of the petitioner under Section 10(5) of the Act, 1964 could not exceed twenty-five percent i.e. 3.75 tolas of gold Impugned judgment of the High Court was set aside--Present petition was converted into an appeal and allowed, in circumstances. of her
(b) Family Courts Act (XXXV of 1964)-
S.5, Sched.& 10(5)---Husband claiming recovery of various items given to wife relating to wedding functions---Permissibility-Law draws a clear distinction between dower, dowry, bridal gifts and presents---Items given by a l a husband or his family in connection with marriage fall within the category of bridal gifts or presents and, as such, vest absolutely in the bride-Such items cannot be reclaimed by the husband, as they do not constitute dower nor are they recoverable as personal property of the husband.
Amicus Curiae: Barrister Umar Aslam, Advocate Supreme Court and Ms. Maliha Zia, Advocate.
Iftikhar Ahmed Awan, Advocate Supreme Court along with the Petitioner in person.
Atif Nisar Abbasi, Advocate Supreme Court for Respondent.