It is normal culture in Pakistan that bride is given dowry and gifts by her parents. Similarly, husband and his family also give bridal gifts to wife at the time of marriage or during connubial relationship. Nonetheless, immediately after separation or divorce between husband and wife, she is refused to be handed over her dowry and gifts by husband and his parents. It is a settled law that all the dowry and bridal gifts received by wife before, at or during the marriage is her personal property and cannot be taken away from her. Wife in such case can recovery her dowry and bridal gifts through process of court.
Expert Family Lawyers at Khadija Law Associates due to their ample experience in such disputes assist wife to recover her belonging through process of law effectively and time efficiently. Our qualified teams of Khadija Law Associates are fully equipped with recent laws and reforms which make them chalk our best strategy to handle each family case. Contact our expert family lawyers to consult your matter.
Some of the questions (followed by answers) repeated asked to us pertaining to Bridal gifts and dowry of wife are as follow:
Family Courts are established under Section 5 of the Family Court Act, 1964 to adjudicate marriage disputes between husband and wife. Disputes regulated by Family Court include Recovery of dowry by wife, maintenance, dissolution of marriage and other entries detailed in the Schedule attached to the Act, 1964.
It does not matter if the list of Dowry of Bridal Gifts claimed from husband is denied or refused by him. Procedure requires that List of Dowry and Bridal Gifts recoverable is attached with the claim filed in court. If the husband refuse to be in possession of the articles detailed in the list, Court requires wife to bring best evidence to proof that such articles were given to her which are lying in custody of husband. This can be done by producing witnesses in court who tender proof of purchase of articles by tender Sale Receipt in court. Wife through evidence is also required to establish that she was kicked out of house in single apparel and therefore all such articles are still lying with husband.
This is correct that family laws of Pakistan favor wife. It is natural presumption in our society that every bride is given dowry and bridal gifts. Court basis on evidence given parties award the amount of dowry and bridal gifts proved to be in custody of husband. While reading through evidence, court do not follow the dictates of Qanun-e-Shahdat Order 1984.
Suit for recovery of Dowry is required to be filed by wife in Family Court in whose jurisdiction she presently resides. She can also opt to file the case where she resided with husband after marriage. It is however, always recommended to consult a lawyer who may examine facts of your case to see, in which court the claim will be adjudicated most effectively.
Documents required to file Suit for Recovery may be as follow:
KHADIJA LAW ASSOCIATES
It is a general misconception in our society that child custody of minor son can be retained by mother till age of 7 years only, in case of separate or divorce with husband and after that minor son is handed over in custody of father.
If you are applying a spouse visa, immigration visa or any other category of visa for your wife and the concerned embassy has required you to bring Court Orders to verifying marriage.