Section 5 of west Pakistan family court Act (XXXV of 1964) — article 199 of constitution Petition – suit for recovery of maintenance allowance and dower was decreed – contention of husband was that he had stated before the family court that dower had been paid to the wife on the wedding night therefore, finding of courts below were incorrect – validity – mere statement before family court could not be considered as proof of payment of dower and the husband was bound to prove the same though evidence – in absence of cogent evidence, simple statement could not be considered as a proof and in such a case the onus would not shift to the wife to disprove the claim of the husband – dower in fact was a debt against the husband in case the dower amount is not paid the wife would have right to refuse the performance of her marital obligations – once it was proved that the dower had not been paid the wife would be entitled to sty away from the husband and the husband would be bound to pay maintenance to the wife – husband in the present case did not prove that he had paid dower to his wife therefore the wife was entitled to receive maintenance allowance
2013 CLC ( Islamabad) 1085
0 comments:
Post a Comment