Sindh: in Khula the wife returns dower she received, as the Nikahnama shows

Judgment at a glance

Legal issue

Was a Khula decree rightly made subject to the wife returning 30 tola of gold recorded in the Nikahnama as dower paid at the Nikah, when she said there was no proof it was paid?

Decision

Yes. She never pleaded that the Nikahnama entries were wrong or that she signed blank papers; it was for her to prove that dower recorded as fully paid was not paid, and she led no evidence and did not call the Nikah Khuwan, while the husband's Nikah witness supported the entries. The Court read section 10(5) as requiring a wife who takes Khula to return dower she received, linking this to the protection of the family under Article 35. No illegality was shown in the concurrent findings and the petition was dismissed, leaving her free to sue to cancel the dower entries in the Nikahnama, in which case limitation would not apply.

Key principle

A wife who signs a Nikahnama recording dower as paid bears the burden of proving it was not paid; where she does not, the Family Court may make a Khula decree subject to return of that dower under section 10(5) of the Family Courts Act.

Outcome

Dismissed

Relevant law

Family Courts Act 1964, s.10; Constitution of Pakistan 1973, Art. 35; Constitution of Pakistan 1973, Art. 199

Why it matters

• In Sindh, expect section 10(5) to be applied to dower the Nikahnama shows as received.
• If the Nikahnama wrongly records dower as paid, plead it, call the Nikah Khuwan, or consider a suit to correct the entries.
• Compare the Lahore High Court's split on section 10(5) after the Federal Shariat Court ruling (2026 LHC 3878 and 2026 LHC 4758).

Cite as: Amna Jatoi v. Jahanzeb, Sindh High Court, C.P. No. S-923 of 2025, decided 16 February 2026

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