Husband's rights after divorce . Husband rights after khulla .Family Court main dawa kar ke haqmahar main diye gai zewarat wapis le sakta. . Husband can file case for recovery of gold ornaments given to wife as dower.
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| Recovery of gold ornaments given by husband as dower, after khulla |
Husband's rights after divorce
Husband can recover his property if her wife has been received as a Haqmahar.
2nd case after khulla or divorce , he can file Case of custody of his children , if they have any.
Husband have visitation rights , he has right to meet his children.
Before divorce he can also file the case of conjugal rights.
- Zair nazar case law main husband ne dawa kia zewarat ki wapsi ka ke ju zewarat haqmahar ke ewaz diye gai the wo khulla ke baad wapis kiye jain.
- Family Court ne dawa decree Kar dia
- Appeal main Court ne Trial Court ke hukam ko setaside kar dia.
- Or qarar dia ke husband ko zewarat ki wapsi ke liye Civil Court main dawa file karna pare ga.kionke family Court husband ko zewarat nahi le kar de sakti.
- Magar High court ne appellate court ke faisle ko setaside karte hoe qarar dia ke family court agar bv ko haqmahar dalwa sakti hai tu wo husband ko bhi dawa family court main hi file karne haq rakhta .
2015 CLC 808
Husband can file suit for recovery of gold ornaments which were given to the wife-defendant as part of dower---Said dower had been mentioned in the Nikah Nama.
S. 5, Sched & S.10(4)---Constitution of Pakistan, Art.199---Constitutional petition---Dissolution of marriage on the basis of khula ---Suit for recovery of gold ornaments by husband given at the time of marriage---Scope---Husband's suit for recovery of gold ornaments was decreed by the Family Court but Appellate Court returned the plaint for presenting the same before civil court---Validity---Husband filed suit for recovery of gold ornaments which were given to the wife-defendant as part of dower---Said dower had been mentioned in the Nikah Nama---Suit for dissolution of marriage on ground of khula filed by the wife-defendant was decreed under S.10(4) of West Pakistan Family Courts Act, 1964---Wife-defendant was required to return Haq Mehr to the husband-plaintiff which she had received at the time of Nikah---Issues which had arisen between the parties to a marriage and all matters which would fall under the Schedule of West Pakistan Family Courts Act, 1964 could be adjudicated upon by the Family Court---West Pakistan Family Courts Act, 1964 did not restrict that only claim of dower filed by the wife could be entertained by the Family Court---Present suit was rightly filed before the Family Court and was rightly adjudicated upon by the said court---Appellate Court was wrong to hold that husband could not file suit for return of gold ornaments before the Family Court---Impugned judgment and decree passed by the Appellate Court were set aside ---Appeal filed before the Appellate Court was to be deemed to be pending which should be decided within a specified period---
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