Legal way to Recover the Dowry under Pakistani Law

Legal way to Recover the Dowry under Pakistani Law

Parents want to give every stable thing in dowry to their daughter, so they prepare the dowry with all of their will. They do not expect that their daughter’s marriage can break under any severe circumstances and they have to roam for dowry recovery. Some people think that it is right of man to take the dowry from his parents in law, as he is going to take the responsibility of their daughter. However, common saying about such people is:

جہئز کی فرمائش ش کرنے والے جہیز کے نہیں زکات کے مستحق ہیں۔

The conservative people are count in them, who demand the expensive item in the name of jahaiz. Parents believe they can secure their daughter’s marriage by fulfilling dowry demand. Therefore, they take loans for preparing the dowry of daughter. The famous saying clearly depicts the burden of parents for dowry preparation, i.e.

ماں باپ کا گھر بکا تو بیٹی کا گھر بنا۔ کتنی نا مراد ہے یہ رسمِ جہیز۔

In Pakistani culture, the conservative families consider that dowry is mandatory in Pakistani shaadi. However, it is the absurd ritual derived from Indian culture. Our religion, Islam, does not support the dowry culture in Pakistani marriages. Our prophet Muhammad (S.A.W) once said: “The best of the marriages is one which is least burdensome in the financial sense to the families of the bride and the groom.”  Pakistani laws have also made under the Islamic teachings so they also prohibit presenting expensive and excessive dowry as gift on weddings. According to Dowry and Bridal Gift Restriction Act 1976, all the gifts on wedding from bride’s family belong to bride. According to Bridal Gift and Marriage Functions Restriction Bill, 2017, those gifts should not cross the cost of 50,000/-. If they violate the dowry laws then they should be punished according to law.

After all such precautions, if marriage ends then it is right of woman to claim back the dowry. We have mentioned here few ways for dowry recovery:

  1. You should save all the receipts of dowry item at the time of dowry, as receipts can be used as the important evidence in the suit of recovery of dowry.
  2. In Pakistani shaadi culture, mothers start preparing the jaheiz since daughter puberty. Therefore, it is difficult to keep all the receipts saved for such circumstances. Hence, court also allows the women to file the case of recovery of dowry without having receipt and supports woman in this regard. However, woman needs to prove that man does not return any dowry item or amount before. Similarly, man also needs to give evidence for proving that he has given dowry back.
  3. It is preferable to claim dowry back in terms of money, instead of dowry items. For such claims, you need to have the receipts of dowry items and the proper list of dowry.
  4. For precaution, parents should make a list of dowry items and take the signature of groom on it. However, bride and groom’s parents consider it bad omens at the time of happy moments.

Whether you get online rishta in Pakistan within caste or get rishta within your family, you need to take all possible steps for securing your rights in marriage. If you, unfortunately, have to end the marriage, then claim the dowry back so you can get minimal financial loss. You can consult divorced lawyer to proceed the case of dowry recovery. After divorced and dowry recovery, you can search the rishta for second marriage via the facility of online shaadi in Pakistan. Registration is free for everyone. You just need to make your profile and start browsing the best marriage proposal for divorced women or divorced men.

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