Question:
Meri cousin ki shadi Dec 2024 Mai hoi thi uski susral walo ny usko 1 month bhi nhi rakha sahi se or ghr bhej diya jab wo pregnant hoi ab bolty humny talak deni hai or Saman bhi rakh lya hai nahi de rhy police walo ko kehty de de gy 2 din tk per bolty auratain uthae Saman hum Mardo ko ghr nhi any de gy or 2 din bad de gy ab pta nhu Sara Saman dety Hain ya nhi or bacha bhi kehty hum rakh ly gy pehle rakha bhi is lye nhi k pregnant Kyu ho Gai
Khair ye bhi btae nose pin di thi salami Mai wo bhi wapis mang rahy Kya wo deni parhy gi koi bta de Kya kry mere chachu police k zariye Saman utha rahy Kya sahi hai ya court jae.
Answer:
Under Pakistani law, several aspects of your cousin’s situation need to be considered. These involve divorce, recovery of belongings (dowry), and child custody.
Divorce
If your cousin’s in-laws are pursuing a divorce, they must follow the legal procedures outlined in the Muslim Family Laws Ordinance, 1961. According to Ghulam Nabi v. Farrukh Latif and others, 1986 SCMR 1350, a ‘Talaq’ only becomes effective after notice is given to the Chairman of the Union Council and the 90-day reconciliation period has expired. If a husband fails to provide such notice, the ‘Talaq’ is deemed revoked.
Recovery of Belongings
Your cousin has the right to recover her dowry and personal belongings (Mst. NOREEN ASHIQ Versus ADDITIONAL DISTRICT JUDGE, KHARIAN and 2 others PLD 2011 Lahore 579). According to Summary of Judgment, gold ornaments, being a bridal gift, become the personal property of the bride and are recoverable under Section 5 of the West Pakistan Family Courts Act, 1964.
Options for Recovering Belongings:
- Family Court: File a suit in the Family Court for the recovery of dowry articles, bridal gifts, and personal belongings. You can pursue legal action in the Family Court to recover the dowry.
What you need to include in the suit:
- Nikahnama
- List of dowry articles
- Any evidence of the belongings being kept by her in-laws.
- Qanun-e-Shahadat,1984: you will need to provide evidence with proper witness to prove those belongings.
It is generally not a crime for a husband to take property. Mst. AASIA SULTANA and another versus FAYYAZ AMIN and another, 2000 P Cr. L J 1100, held that disputes over gifts given during marriage should generally be addressed through civil proceedings, and criminal proceedings should not be used as a pressure tactic.
In your query you mentioned, kya chachu police k zariye Saman utha rahy Kya sahi hai ya court jae. Raiding with Police is only justifiable if there is a valid court order, the details of which are outlined in Syed AKHTAR HUSSAIN Versus INSPECTOR INCHARGE OF INVESTIGATIONS, C.I.A., PESHAWAR, 2001 Peshawar 135.
Child Custody
The in-laws are saying "bacha bhi kehty hum rakh ly gy pehle rakha bhi is lye nhi k pregnant Kyu ho Gai. " Pakistani courts prioritize the welfare of the child. It is highly unlikely that the court will allow in-laws to keep the child, especially given their behavior toward your cousin. The Family Court will determine custody based on what is in the best interest of the child.
In Mst. SODI Versus THE STATE AND 2 Others, 1969 PCRLJ 109, court has to make decision based on welbeing of minor and that under Muhammadan Law, Mst. Hooran might lose her right to custody of the minor since she married Yar Muhammad, who is not within the prohibited degree to Mst. Iqbal Begum
In MAQSOODAN BIBI–Petitioner Versus MANSHA MASIH and 2 others, 2014 MLD 701, it was held that biological parents cannot automatically reclaim custody of a child after an extended period if the child is well-adjusted and prefers to remain with their foster parents. The court underscored the importance of maintaining stability in a child’s life and prioritized the child’s psychological well-being over the biological parent’s desires. The court gave the judgment based on well being of minor.
Nose Pin
Regarding the nose pin given as “salami” (gift), whether it needs to be returned depends on the intention behind the gift. If it was given as a bridal gift (something given specifically to the bride for her use), then, according to Muhammad Nawaz v. Mst. Abida Bibi and 2 others, 2010 M L D 352, it is her property and cannot be recovered. However, if it was a conditional gift (given with the expectation of something in return), the situation might be different, but generally, gifts are not recoverable.
Relevant Statutes
- The Dowry and Bridal Gifts (Restriction) Act, 1976, Section 5, states that All property given as dowry or bridal gifts and all property given to the bride as a present shall vest absolutely in the bride and her interest in property however derived shall hereafter not be restrictive, conditional or limited. It is highlighted in ZAHID AKHTAR Versus Mst. SAIMA ZIA and 6 others, 2021 YLR 570
Recommendations
- File a Suit for Restitution of Conjugal Rights: A married couple has the right to live together, and if either party deserts the other without a valid reason, the aggrieved party can file a suit for restitution of conjugal rights (Articles 9, 35 & 199 of the Constitution of Pakistan,)
- File a Criminal Complaint: Lodge a criminal complaint against your cousin’s husband and in-laws for criminal breach of trust.
- Consult a Lawyer: Seek legal advice from a qualified lawyer specializing in family law to navigate the legal procedures and protect your cousin’s rights.
Conclusion
Your cousin has well-established legal rights regarding divorce, custody, and recovery of dowry and personal belongings. You should consult a lawyer/advocate to pursue these rights in the appropriate legal forum, i.e., the Family Court.