In Pakistan, it is a custom that on wedding of any daughter, the parents or the brother of the bride gift dowry articles to the bride in the form of Jewelry, Home Furniture, Blankets, Kitchen appliances, car or bike, crockery items
Key points about Dowry:
- Ownership of Wife: Dowry articles of bride are her property which she can recover at any time.
- Dowry List: The bride or her parents must make a list of dowry articles at the time of wedding.
- Purchase Receipts : The bride or her family should save the purchase receipts of the items which would be presented in case of dispute.
- Picture proof: The family of bride must take pictures of the dowry articles at the time of handing over the dowry articles which would become a proof of dowry.
How to File the Case of dowry articles in Pakistan:
Family laws of Pakistan acknowledge that in our society that every bride is given dowry and bridal gifts. Court basis on evidence given parties award the amount of dowry and bridal gifts proved to be in custody of husband. In order to recover your dowry articles you have to file a recovery suit in the Family Court where the bride resides.
Procedure of Dowry Articles Case:
1. Consult a Lawyer: In order to obtain dowry articles the bride or her any family member has to consult with a professional Lawyer who would obtain the basic details of the female such as her Name, Age, Date of Marriage, Dowry List with Number of Items and their price, purchase receipts, Background of the case. After analyzing the details of your case, the Lawyer will suggest you accordingly and will proceed with your case.
2. Documents: The document required for the case of Recovery of Dowry artices are Identity Card of the female, Copy of the Nikkah-Nama, List of Dowry Articles, Purchase receipts, Pictures of dowry articles if any, name of witnesses, financial documents of bride family or any other relevant document. In exceptional cases, when a female doesn’t have access to any of such document, she can still file a Recovery of Dowry articles case.
3. Court Visit: In such cases, the female has to appear before the court and record her testimony before a family court Judge that she wants to recover her items. Such testimony would be cross-examined by the other side Lawyer who would ask you about the details of dowry articles. In our country, the females hesitate from appearing before a court or they are in such vulnerable position that they can’t appear before court to security or other issues. In such cases, she can appoint some other person as an attorney who could appear before the court and provide testimony on her behalf.
4. Time-Frame: The recovery case time could vary as per the nature of the case. However, it usually take a few months to conclude a recovery case and get the decree of the dowry articles from the Family Court.
5.Fee for Recovery cases: In such cases, there are 2 types of cost which you need to keep in your mind. The 1st cost is of filing your case which is almost 3000/PKR to 5000/PKR in which the lawyer will file your case, send notices to the other party, publish your advertisement in the newspaper and other misc. charges. The 2nd cost is the fees of the services of the professional Lawyer, which could depend on the expertise and experience of your Lawyer. However, there could also be other Misc. charges involve such as fee for commissions or applications.
Important: If you also have other claims such as Khulla, Dower, past maintenance, children maintenance, you can also file one consolidated case in which you would first seek Khulla and then your other claims.
For understanding the steps of Khulla Case click here.
In Conclusion, Filing a recovery case in Pakistan involves a structured legal process that requires careful preparation and understanding of your rights. However, if you can prove your items, you will definitely recover your dowry articles. By consulting with an experienced lawyer, preparing the necessary documents, and following the legal steps outlined above, you can navigate the process effectively. Understanding the steps for recovery and being aware of the legal considerations will help you approach the case with confidence.
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