It is a common tradition in Pakistan that at the time of marriage Dowry Articles are given to the daughter by her parents. These Dowry Articles are given as gifts to the daughter and in any case of marriage dispute or dissolution of the marriage between husband and wife, the wife is fully entitled to remain in possession of the Dowry Articles. In any case, where the wife is derived from such gifts by her husband, she can recover the same from her husband or his family members through the Act of Law.
Expert Family Lawyers at Hamza and Hamza Law Associates in Lahore for their frequent exposure to such dispute in court can full assist you in recovering the Dowry Articles in no time through the court process.
Foreign Qualified lawyers at Hamza and Hamza Law Associates are fully updated and aware of day-to-day reforms and progress in the Family Law which render them use the most effective and efficient strategy to handle family law disputes rapidly and promptly using the court process. You can instantly contact them in case of any queries or questions pertaining to a Family Law dispute.
Some of the Frequently Asked Question (FAQs) to lawyers at Hamza and Hamza Law Associates are as follow:
RECOVERY OF DOWRY ARTICLES SHALL BE TREATED DIFFERENTLY THAN OTHER?
In the case of Family Disputes, there is a presumption of law considering the common practice in Pakistan that each and every daughter at the time of marriage is offered Dowry Articles by her parents considering their financial reach. It is best that at time of delivery of Dowry Articles or at time of marriage a list of dowry is got signed from husband but normally it is seen that parents are hesitant to discuss this matter and when the marriage dispute occurs, husband and his family deprive wife of her entitlement in the Dowry Articles. Unlike other recovery matters, the wife and her parents will only be required to tender receipts of the Dowry Article issued from vendors and the financial sustenance to purchase such gifts for the daughter. It is because the Principles of Qanoon-e-Shahadat and Civil Procedure do not stricto sensu apply to family matters.
THE LAWS AND THE DECISIONS OF COURTS TO RECOVER DOWRY ARTICLES ARE PRO WOMEN?
It is correct to state that Family Courts in Pakistan favor women. It is because the Court follows the law and the Family laws in Pakistan are pro-women. Section 17 of the West Pakistan Family Court Act, 1964, entails that provisions of Qanoon-e-Shahadat and the Civil Procedure Code do not strictly apply in Family cases.
WHAT ARE THE DOCUMENTS REQUIRED TO FILE A SUIT FOR RECOVERY IN THE FAMILY COURT?
Following are the documents required to file a suit for recovery in Family Court:
- List of dowry articles which must mention the cost of acquisition of each article
- Verifiable Invoices and receipts issued for purchase of article by different Vendors
- Proof of financial sustenance of parents to purchase such articles.
- Copy of marriage certificate if possible
WHAT IS THE PROCEDURE FOR FILING SUIT FOR RECOVERY IN FAMILY COURT?
It is the wife who can file a suit for recovery of dowry articles in Family Court. The wife in order to file a suit will require to appoint an expert family lawyer who shall proceed to prepare the suit draft after technically analyzing the facts of the case and the documents provided by the client. Once the draft is ready and is signed and approved by the wife, the same is filed in the Family Court for adjudication.
Normally, suit for recovery of Dowry Article can be filed in family court in whose territorial jurisdiction marriage was solemnized or where the marriage was dissolved, or where the wife presently resides. However, this answer can be the best answer after analyzing the facts of each case. The suit can also be file in the Family Court in whose territorial jurisdiction dowry articles are presently lying with the husband.