Is haq Mehar Return from Husband after Khula?
Is haq Mehar Return from Husband after Khula?
Is haq mehar returned from the husband after khula in Pakistan? is the question asked by many females and males. The haq mehar is the dower amount fixed by the husband for the wife at the time of marriage. This dower amount is also fixed in the services of court marriage in Pakistan. The haq mehar is of two types.
- i) Deferred dower
- ii) Prompt dower
Deferred Dower:
The deferred dower is the amount that is paid by the husband to the wife in case of divorce. When the husband divorces the wife, he has to pay all the deferred amount mentioned in the Nadra marriage certificate. In case the wife takes khula in Pakistan, then she has to leave either all or any part of the haq mehar. It is up to the court that while granting the khula decree, the court orders to leave what percentage of the dower amount. The superior courts have made some policies according to which the court normally grants the decision. Generally the courts in Pakistan order that either the wife have to leave all of the dower amount or sometimes 50% and sometimes 25%.
What should be the percentage of the amount that the wife has to leave depends on the circumstances of each case. If the wife has been married for only one year, the court, while granting the khula, can order that the wife will have to leave 100% of her dower amount. If the wife was married for 10 years, then the court, while granting khula, may order that the wife has to leave only 25% of the dower amount. It is up to the discretion of the court how much the court orders to leave the dower amount. If the court orders to leave 25% of the dower amount, then it means that the wife may file a case against the husband for the rest of the 75% of the dower amount. If the husband gives a divorce in Pakistan, then he has to pay the full dower amount.
PROMPT DOWER AMOUNT:
The prompt dower amount is the haq mehar, which is fixed at the time of marriage and which the husband has to pay whenever the wife demands. This amount has nothing to do with the divorce. Generally this amount is paid to the wife by the husband at the time of marriage and sometimes after the marriage. If the female has already taken the prompt dower, and after taking the dower amount, she has filed the case of khula, then the court, while granting the khula decree, may order the wife to return 25% of the dower that she has taken. Whether haq mehar is returned from the husband after khula is at the discretion of the court.
The court, in the case of khula, decides how much dower amount the female has to surrender to obtain the khula decree, and if the wife has already taken the dower amount, the court will decide how much dower amount she has to return in order to get the khula decree. After the khula decree, the female can apply for the divorce certificate in Pakistan. Once she gets the certificate, she can have a nikah or online marriage in Pakistan also. Is haq mehar returned from the husband after khula in Pakistan is in the hands of the family court from where the wife is taking the khula decree?
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