Deferred dower with no stated time is payable on demand, even during the marriage

Judgment at a glance

Legal issue

Must a wife wait for divorce or her husband's death to claim dower that the Nikahnama calls 'deferred' without saying when it is payable?

Decision

No. Section 10 of the Ordinance provides that where the mode of payment of dower is not specified, the whole dower is payable on demand, and it draws no distinction between prompt and deferred dower; the legislature knew that distinction, as section 6(5) shows. Saadia Usman (2009 SCMR 1458) held that deferred dower with no stipulated time is payable on death or divorce, but the Court noted that section 10 was not examined there, and followed the Supreme Court's later reliance on section 10 in Khalid Pervaiz (2024 SCMR 142) and Fakhra Jabeen (PLD 2026 SC 20). So where dower is called deferred but no time or event (such as death or divorce) is stated, it is payable on demand; where a time or event is stated, it falls due then. The appellate court's refusal of dower because the marriage subsisted was set aside and the Family Court's decree for five tola of gold restored; maintenance and the appellate court's dowry award were left as they were.

Key principle

Under section 10 MFLO, dower described as 'deferred' without any stated time or triggering event is payable on demand during the marriage; deferred dower falls due on death, divorce or another event only where the Nikahnama says so.

Outcome

Partly allowed

Relevant law

Muslim Family Laws Ordinance 1961, s.10; Muslim Family Laws Ordinance 1961, s.6; Constitution of Pakistan 1973, Art. 199

Why it matters

• Read column 14 of the Nikahnama closely: 'deferred' alone does not postpone payment.
• Where a time or event is written in, the dower falls due only then.
• A wife can sue for such dower while still married.

Cite as: Fatima Bibi v. Additional District Judge, Sheikhupura & 2 others, 2026 LHC 1643, Lahore High Court, W.P. No. 29132 of 2025, decided 10 March 2026

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