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Section 10(5) still applies while the appeal against the Shariat Court ruling is pending

Mst. Azka Afreen v. Hafiz Umar Yaseen and another Lahore High Court W.P. No. 1221 of 2022 2026 LHC 3878 Decided Justice Mirza Viqas Rauf (Rawalpindi Bench)

Judgment at a glance

Legal issue
In a Khula decree where the marriage was never consummated, is the wife entitled to her dower, and must she surrender part of it under section 10(5) despite the Federal Shariat Court's 2022 ruling against that provision?
Decision
She is entitled to it, less 25%. The dower of fifteen tola of gold (five paid at the Nikah) plus one kanal of land with a house was marked 'on demand' and so was prompt; the husband's claim that the rest was deferred was beyond his pleadings. Both courts below erred: the Family Court treated most of it as deferred, and the appellate court refused all dower because the marriage was not consummated. Because the Province of Punjab has appealed against the Shariat Court decision, that decision has not taken effect (proviso to Article 203D), so section 10(5) still governed. Following Rafia Yaqoob (2026 SCMR 561), the marriage stands dissolved by Khula subject to the wife surrendering 25% of her prompt dower, irrespective of non-consummation. The wife's petition was allowed to that extent.
Key principle
Dower recorded as payable on demand, or with no mode of payment specified (s.10 MFLO), is prompt; and while an appeal against PLD 2022 FSC 25 is pending, section 10(5) of the Family Courts Act continues to apply, so in Khula the wife surrenders up to 25% of her admitted prompt dower, whether or not the marriage was consummated.
Outcome
Allowed
Relevant law
Family Courts Act 1964, s.10; Muslim Family Laws Ordinance 1961, s.10; Constitution of Pakistan 1973, Arts. 199, 203D and 203F
Why it matters
  • Until the Supreme Court decides the appeal, some benches will apply the section 10(5) limits (up to 25% of prompt, up to 50% of deferred dower); see 2026 LHC 4758 for the opposite approach.
  • Check the Nikahnama: dower marked 'on demand' is prompt, and a husband cannot later call it deferred if he did not say so in his written statement.
  • Non-consummation did not defeat the wife's claim to dower in this case.

Cite as: Mst. Azka Afreen v. Hafiz Umar Yaseen and another, 2026 LHC 3878, Lahore High Court, W.P. No. 1221 of 2022, decided 9 June 2026

Case details

Case
Mst. Azka Afreen v. Hafiz Umar Yaseen and another
Bench
Justice Mirza Viqas Rauf (Rawalpindi Bench)
Date of decision
Case number
W.P. No. 1221 of 2022
Citation
2026 LHC 3878
Outcome
Allowed
Statutes considered
Family Courts Act 1964, s.10; Muslim Family Laws Ordinance 1961, s.10; Constitution of Pakistan 1973, Arts. 199, 203D and 203F
Topics
Dower, Khula

Sources

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How this summary was made
Summary from the full judgment
Official text read on
Note on the text
The parties married on 3 August 2014; the marriage was not consummated. The Family Court (Rawalpindi) dissolved the marriage under section 10(5) and, on 14 July 2021, awarded 2.5 tola of gold and half a kanal with the house; on 16 December 2021 the appellate court refused all dower because of non-consummation. The Court read 'on demand' in Column 16 of the Nikahnama with section 10 of the MFLO, 2024 SCMR 1078 and PLD 2015 Lahore 405. The decision date shown is the date of hearing (9 June 2026); no separate announcement date is recorded. Approved for reporting. Short summary checked against the judgment.
Cite this summary
PK-Legal & Associates, "Section 10(5) still applies while the appeal against the Shariat Court ruling is pending", summary of Mst. Azka Afreen v. Hafiz Umar Yaseen and another, 2026 LHC 3878, Lahore High Court, W.P. No. 1221 of 2022, decided 9 June 2026, https://pklegal.org/judgments/lhc-2026-3878-section-10-5-still-applies/ (reviewed 3 November 2026).