How to Recover Dowry Articles in Pakistan?

The Family Court is obligated to consider a lawsuit seeking the return of dowry items that are filed by the ex-wife, as mandated by the Family Act of 1964. Any bridal gift or dowry articles received before, at, or during the marriage come under the ownership of the wife. Hence, she has every right to recover them upon separation and divorce after marriage.

If you are in a similar situation and wondering how to recover dowry articles in Pakistan, here is a complete guide. So, keep on reading this guide.

Consult Lawyer To Recover Dowry Articles

You must consult a qualified lawyer to get the input and know the possible outcome before you file a suit of recovery for dowry articles in court.

Consult a Lawyer

Understand the Dowry/Bridal Gifts Recovery Laws in Pakistan

Family courts are established under Section 5 of the Pakistan Family Court Act, 1964. It aims to adjudicate marriage disputes between the two partners. Disputes regulated by the adjudicate family court include recovery of dowry by wife, child maintenance, dissolution of marriage, and other entries present in the Schedule attached to the Family Court Act, 1964.

Do Pakistani Laws Favor Women in Recovery of Dowry Articles?

Yes, Dowry article recovery laws are completely in favor of the wife and her family. Section 17 of the Pakistan Family Court Act, 1964, includes the provision that Qanoon-e-Shahadat and the Civil Procedure Code do not apply in family cases. Hence, as long as the evidence is provided, the court will favor the woman and issue a decree to the husband to pay the assets or an equal amount to the wife.

Documents Required to File a Suit for Dowry Recovery

Before you proceed, here are a few documents required to file a suit for recovery.

  • The case must be accompanied by a signed list of articles claimed by the wife from the husband. You must also mention the cost of each article on the list of articles.
  • The receipt and original invoice for each article in the dowry must also be attached to the case file.
  • You must also provide documentation to demonstrate that the bride and her parents have the financial means to contribute to the dowry. Acceptable forms of proof include bank statements or other pertinent documents.
  • Copy of your marriage certificate if applicable.
  • Other documents deemed necessary by the court.

The Process of Recovering Dowry Articles in Pakistan

Now that you have gathered the documents for a case, let us understand the process. Here is everything you need to consider for the recovery of dowry articles in Pakistan.

  • First, please note that only the wife can file a suit for the recovery of dowry articles in the Pakistani family court.
  • She is required to appoint a family lawyer who will proceed to prepare a case against the husband after carefully considering the technical and legal requirements.
  • After thorough discussions about the potential outcomes of the case, your lawyer will prepare the suit and documents to be submitted.
  • Next, you will sign the document and submit it to the Family Court for adjudication.
  • Typically, the suit for dowry article recovery is filed in the family court in whose jurisdiction the marriage was solemnized and dissolved or where the wife currently resides. It may also be filed in the family court in whose jurisdiction the husband resides. The most informed decision can be made by the lawyer after evaluating several factors.

What If the Husband Refuses to Accept the List of Dowry Articles?

Well, it does not matter if the husband denies or refuses to return the dowry articles as per the list. In this case, the court requires the wife to come up with the best evidence to prove that such assets were given to her. Ideally, it is better if you produce witnesses in court who can support your claims of the purchase of these articles or through the sales receipts.

Final thoughts

Under section 7 of the Family Court Act 1964, a wife can claim the recovery of her dowry and bridal gifts upon separation or divorce. All the court requires is a suit filed along with supporting documents to prove the worth of assets. I hope this guide has been helpful for anyone confused about how to recover dowry articles in Pakistan.