Citation Name: 2020 YLR 2350
PESHAWAR-HIGH-COURTBookmark this Case
JEHANGIR KHAN VS Mst. SAEEDA BEGUM
S. 5, Sched.---Nikahnama, Column Nos. 17 & 20---suit for recovery of maintenance allowance and residential house--Column No. 17 of Nikahnama was silent whether residential house was given to the plaintiff-wife either in lieu of dower or as a gift---suit house had been given to the plaintiff as a part of dower or gift in consideration of marriage in circumstances---Family Court had exclusive jurisdiction in the matter---Plaintiff according to Column No. 20 of Nikahnama was entitled for maintenance @ Rs. 5,000/- per month---Plaintiff-wife had left the house of defendant due to non-payment of maintenance allowance---Courts below had rightly held that wife had not self deserted---Trial Court had rightly held that wife was entitled for maintenance @ Rs. 5,000/- per month for last three years and further maintenance allowance at the same rate till subsistence of marriage and had declined to grant maintenance beyond period of three years---Judgment and decree of Appellate Court to the extent of recovery of maintenance beyond three years with 15% increase was illegal and same were set aside and those of Family Court were restored---Constitutional petition was partially allowed.
PLD 2012 L 418. S.9 SUB 1 B favor husband conjugal right only khula can be claim . KFC has no other jurisdiction
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