The above dictionary meanings/translations of “Ind-at-Talab”
make it abundantly clearly that the dower in-question is payable
on demand.
7. Now the next ancillary question is that whether dower
payable on demand is prompt or deferred dower. In this regard,
Para-290 of the Muhammadan Law defines “Prompt” &
“Deferred” dower as under:
“290 “Prompt and Deferred” dower. --- (1)
the amount of dower is usually split into two parts, one called “prompt” which is payable on demand, and the other called “deferred” which is payable on dissolution of marriage by death or divorce.”
The august Supreme Court of Pakistan in Saadia Usman’s case
supra, after detailed discussion while interpreting the ‘prompt & deferred’ dower, held as under: “Thus, we are of the opinion that prompt [-5-] Writ Petition No.5278 of 2021
dower is payable on demand during the
subsistence of marriage tie whereas the deferred dower is payable on the time stipulated between the parties, but where no time is stipulated, it is payable on dissolution of marriage either by death or divorce. But, the deferred dower does not become “prompt” merely because the wife has demanded it.”
In terms of Para-290 of Muhammadan Law and the law
settled by Hon’ble Supreme Court in Saadia Usman’s case
supra, the “prompt dower” is payable on demand, whereas
“deferred dower” is payable on dissolution of marriage either
by death or divorce unless time is stipulated between the parties
for payment of deferred dower.
8. In the present case, Column No.13 of the Nikahnamma
does not specifically mention that Five Hundred Thousand
Rupees was prompt dower or deferred rather only mentions that
same is dower payable on demand, which means that it is not
deferred dower, payable only on dissolution of marriage either
by death or divorce, but same is payable at time of demand
even before dissolution of marriage. When under Para-290 of
Muhammadan Law, prompt dower is payable on demand, then
it will be a fallacy to argue that the dower payable on demand is
deferred dower and payable only on dissolution of marriage by
death or divorce. Learned High Courts repeatedly treated the
“dower payable on demand” as prompt dower and not deferred
[-6-] Writ Petition No.5278 of 2021
dower, payable on dissolution of marriage due to death or
divorce in the following case laws:-
i- “MUKHTAR AHMAD Vs. DISTRICT JUDGE and
others” (2023 YLR 193)
ii-, “MUHAMMAD RAFIQUE Vs. ADDITIONAL
DISTRICT JUDGE SIALKOT and others” (2022 YLR 2067),
iii- “MUHAMMAD SAJJAD Vs. ADDITIONAL
DISTRICT AND SESSIONS JUDGE and 2 others” (PLD 2015 Lahore 405), iv- “ADAM Vs. Mst. ABIDA and 2 others” (PLD 2015 Balochistan 26),
v- “Mst. SALMA BIBI and another Vs. MUHAMMAD
IQBAL and 2 others” (PLD 2014 Peshawar 60). vi- “Mst. KULSOOM BIBI through Attorney Vs. MUHAMMAD WASEEM and 3 others” (2015 YLR 2375).
9. The above interpretation is also supported by Section 10
of the Muslim Family Laws Ordinance, 1961 (Ordinance),
according to said provision where no detail about the mode of
payment of dower is spelled out by the parties in Nikahnamma
or marriage contract, the entire amount of dower shall be
presumed to be payable on demand and not necessarily means
payable on dissolution of marriage by death or divorce. The
learned Appellate Court has misconstrued the dower payable on
demand, as deferred dower payable only on dissolution of
marriage either by death or divorce. The dower being payable
on demand could be claimed by the petitioner even during
subsistence of marriage. [-7-] Writ Petition No.5278 of 2021
10. In view of above discussion, this petition is partially
allowed to the extent that the petitioner shall be entitled for the
dower amount of Rs.500,000/- from the respondent. The
impugned judgment and decree is modified accordingly.
