Husband cannot reclaim dower gold as Khula compensation, LHC rules

LAHORE: The Lahore High Court (LHC) has ruled that a husband is not entitled to reclaim gold ornaments listed as dower in a Nikahnama (marriage contract) as consideration for Khula (dissolution of marriage) sought by his wife. Justice Raheel Kamran passed the judgement while disposing of four connected petitions arising from a matrimonial dispute between Dr Rukhsana Kausar and Shahid Nazeer. Both parties had challenged the findings of a Muzaffargarh sessions court concerning gold ornaments and other matters, including maintenance, dowry and ownership of the couple’s house. The marriage was dissolved through Khula in 2012. The family court initially held that the wife was required to return the dower received as Badl-i-Khula (compensation for Khula), while other disputes, including maintenance, dowry articles, gold ornaments and delivery expenses, remained pending. In 2018, the family court partly decreed the suit, awarding maintenance and ordering recovery of dowry articles. It also directed the wife to return 11 tolas of gold, or its value, to the husband. The appellate court upheld these findings in 2020, reducing only the annual increase in the minor child’s maintenance from 15