Khula and Prompt Dower: Is a wife required to return the entire prompt dower if marriage is unconsummated?

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2026 S C M R 561

Under the family laws of Pakistan, specifically Section 10(5) of the Family Courts Act 1964 as amended in Punjab, the law does not make a distinction between a consummated and an unconsummated marriage when it comes to Khula. According to this statutory provision, the Family Court is empowered to direct the wife to surrender up to twenty-five percent (25%) of her admitted prompt dower to the husband in exchange for Khula. This has been recently settled by the Supreme Court of Pakistan in the landmark ruling 2026 SCMR 561 (Mst. Rafia Yaqoob v. Suleman Ayub). The Supreme Court held that the wife's liability is strictly limited to 25% of the prompt dower, and she cannot be forced to return the entire dower of 15 tolas of gold merely because the marriage was unconsummated. Thus, the sister would only be liable to return 3.75 tolas of gold. Furthermore, any wedding or bridal gifts given by the husband or his family vest absolutely in the bride and cannot be reclaimed by the husband.