The Remedy Available to the Wife for Recovery of her Dower and Dowry Articles.

If the wife wants to recover her dower amount which the husband has not yet paid to her and similarly her dowry articles if they are still in the use and occupation of the husband, whether the wife has been divorced or not, she can file a suit in the court of family judge for the above purpose. It is pertinent to mention here that dower is an amount which the husband under the law and sharia is bound to fix in consideration of the marriage contract. The husband is also bound under the law and sharia to pay the dower to the wife, if it has not been paid. Dower and dowry articles are the personal properties of the wife. If after the divorce by the husband to the wife and due to strained relations between the parties the husband or any other person has no legal right to retain the dowry articles of the wife.

Process and Procedure from Filing the Suit till Pronouncement of Judgment       

Stage 1

Filing of Suit

The suit for recovery of dower amount / dowry articles is to be filed in the court of Judge Family Court under the family law ordinance for the disposal of the case. For filing the abovesuit, following relevant documents are to be attached with the suit as a proof.

i- Marriage Certificate / Nikah Nama of the Parties. Containing the proof of solemnization of marriage between the parties, amount of dower prompt / deferred etc.

ii- If the husband has divorced the wife the proof of divorce from the Chairman Union Council / Arbitration Council, along with certificate of Divorce duly issued by the Chairman.

iii- If the wife has got divorce through court, the copy of the decree of the court and the Certificate of Divorce issued by the Chairman of Union Council, thereof.

Stage 2         

Issuance of Process / Notice and Summon etc. to the Husband / Opposite Party by the Court for his Appearance in the Case

i-          Issuance Routine Standard Notices

The process adopted by the Family Court for obtaining appearance of the husband in the court in the case is different then adopted by the Civil Courts in the civil matters. The Family Court after receiving the case, issues notice / summon postal service, courtier service, service through process server authorized in this behalf and proclamation in the recognized newspaper to obtain the presence of the opposite party in the court in the case. This process is issued by the court under the provisions of family law ordinance. If the opposite party does not appear in the court, the court passes an ex-party order against the husband / defendant. The family court after issuance of the above process has not power to repeat the above process for appearance of the husband.

The husband, as per law if comes to the court within 30 days from the day of passing of the ex-party order against him, by giving plausible reasons in the application for his non-appearance in the case. The court as per law, in the interest of justice and fair play and on the basis of judgments / observations of the Apex Courts in this behalf has not option except to accept the said application and to set aside the ex-party order against the husband. After the acceptance of the application of the husband, the court permits him to participate in the proceedings in the case.

If the opposite party does not come to the court within the specified period stated above, the court passes an ex-party decree against the husband, after recording the evidence of the wife.  

The court orders the husband to file his written statement / reply to the plaint / suit filed by the wife. After the reply / written statement filed by the husband, the court fixes a date for pre-trial conciliation of parties by ordering them to appear personally before the court on the date so fixed by the court. the parties appear before the court personally on the date fixed for conciliation between the parties. The court asks both the parties if they are ready and willing for a compromise in the case. If the parties agree to compromise with each other, the court disposes off the suit between the parties on the basis of compromise with or without term and condition, instead of proceeding further in the case.         

If the conciliation between the parties failed, the court orders to proceed further in the case.

Stage 3

Framing of Issues

When the conciliation between the parties in the case fail, the court frames issues out of he pleadings (plaint filed by the plaintiff and written statement furnished by the defendant, in support of their case) of the parties. The issues are framed by the court to sort out dispute / controversy between the parties in the case.

Stage 4

Evidence by the Parties to Prove their Case  

After framing the issues; the court orders the parties to lead their evidence to prove their case against each other. Generally this is the plaintiff who starts / leads his evidence first.

Each party is bound by law to file schedule/ list of witnesses which the party wants to produce in the court for the proof / dis-proof of the case.

The Parties have the right to produce private as well as official witnesses with or without official record if so needed. If needed, official witnesses with or without record can also be mentioned in the list of witnesses or in a separate list of witnesses.

Recording of evidence of the parties is one of the most important stage of the case. Production of ocular as well as documentary evidence is the key point in the case. Whichever party succeeds to prove his case by ocular as well as documentary evidence, resultantly the case is decided in his favor.        

But, again at this stage the party interested to cause delay has ample opportunities to manipulate the situation for avoiding the presence of his witnesses before the court.

The necessity of filing the list of witnesses is that a party can produce only those witnesses which are mentioned in the list and non-else.

Whereas, for causing the undue delay, a party can produce additional witness or witnesses other than those mentioned in the list. For procuring the permission of the court for production of additional witness the interested party can file an application;and in case of refusal of the court the aggrieved party has the right to assail the decision of the trial court from the first court of appeal to the Supreme Court of Pakistan.

After recording of the evidence of the parties, the court once again, before final arguments and decision of the case fixes a date for conciliation between the parties in the case. If the parties agreed for the conciliation the case is disposed of before further proceedings between the parties. If the conciliation fails the court proceeds further in the case.   

Stage 5

Final Arguments of the Case

After the recording of evidence of both the parties, the Counsels of the parties are asked / ordered by the court to offer / put forward their respective arguments in the case. After hearing the arguments of the Counsels of the parties in support of their case, the court fixes the case for final decision.

Stage 6

Pronouncement of Judgment

The court after going through the entire record of the case and considering the arguments of the parties passes its final judgment in the case.