LAHORE: The Lahore High Court has issued an important ruling concerning khula, dower, dowry and property ownership, partially allowing a woman’s petition and setting aside an order requiring her to return 11 tolas of gold or its value to her husband.
Justice Raheel Kamran Sheikh announced the judgment in a dispute between Dr Rukhsana Kausar and Shahid Nazir. The court held that in a khula case, a husband can only seek the return of dower that he can prove he personally paid.
Court Examines Who Paid for the Gold
According to the judgment, the money used to purchase the 11 tolas of gold was provided by the woman’s father. The husband failed to produce reliable evidence showing that he had personally paid for the gold.
The court noted that simply listing gold as dower in the nikahnama does not, by itself, establish that the husband is entitled to recover it.
Dower Payment Must Be Proven
The Lahore High Court held that the principle requiring the return of dower in a khula case applies when the husband’s payment of that dower has been established.
Where a husband cannot prove that he personally paid for the dower, the wife cannot be compelled to return the gold or its equivalent value solely on the basis of its mention in the marriage contract.
Based on the evidence, the court partially accepted the woman’s petition and removed the order requiring her to return the 11 tolas of gold or its value to her husband.