Haq Mehr not on the name of Bride

If some property is given to a wife as Haq Mehr and is not on the name of wife, she can obtain it through legal process. Haq Mehr is the right of wife which is like a loan on husband if its deferred. There is conflict of opinion regarding the deferred dower.

According to some jurists a wife can demand deferred dower anytime from her husband while some other jurists are of the opinion that a wife cannot claim deferred dower with marriage in tact. However, it is settled that if a husband divorces his wife, then she is entitled to receive deferred dower.

A common practice is that some people give property as dower amount to wife which is not in their name or is not owned by husband at the time of marriage. In such like circumstances the right of wife cannot be denied. If she claims haq mehr later from husband and is not executable by any means then she is entitled to receive amount equal to the value of such property.

For more you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer

There is no second appeal in family cases

Once a family case is decided by any competent family court, there is remedy of appeal in some cases. Such cases are mentioned in section 14 of the West Pakistan Family Courts Act, 1964. For example if a family court decrees khula, there is no appeal to such decree and appeal in such like cases is barred under the law.

Similarly once a case is appealed in the appellate court and decided, the remedy of second appeal is not available in such like circumstances. Similarly revision is not filed against the final decree and judgment of the family court and the court of appeal.

When there is no remedy available, the constitutional jurisdiction of High Court can be invoked under article 199 of the constitution of Islamic Republic of Pakistan. That is the only remedy for redressal of grievance.

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880