-Petitioner/husband assailed award of Maintenance allowance to the respondent/wife on the ground that she herself had left his house of her own volition--

 2022 CLC 634

Suit for recovery of Maintenance allowance---Scope---Petitioner/husband assailed award of Maintenance allowance to the respondent/wife on the ground that she herself had left his house of her own volition---Validity---Respondent levelled allegations of bad and disrespectful behaviour on part of the petitioner towards her and she deposed in her evidence that on account of torture inflicted by the petitioner upon asking for Maintenance , she had left the house of the petitioner and to that extent her testimony was not discredited in cross-examination by the petitioner---Respondent had left the house of the petitioner under compelling circumstances to reside with her parents and the petitioner could not prove any attempt on his part to reconcile with her---Defence witnesses had admitted the date of desertion as well as the fact that the petitioner had not paid any amount of Maintenance from the said date till dissolution of the marriage---Decree for Maintenance was rightly passed in favour of the respondent-

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S.5, Sched.---Suit for recovery of Maintenance , delivery charges and dowry articles-

 2022 MLD 731

S.5, Sched.---Suit for recovery of Maintenance , delivery charges and dowry articles---Petitioner/plaintiffs (wife) claimed that respondent (husband) behaved cruelly and ousted the petitioner from his house (in 4th month of marriage); that minor was born out of wedlock; that respondent was working abroad and owned land and could pay Maintenance of Rs.30,000/- per head/per month; that he pronounced divorce; that he had refused to pay Maintenance and delivery charges of Rs.40,000/- incurred by petitioner---Respondent, in written statement, alleged that petitioner left his house nearly 4 years after marriage and refused to rehabilitate; that on petitioner's demand, he pronounced divorce on 20/05/2013; and that he was ready to return dowry articles as per his list attached with written statement---Trial Court decreed suit holding the wife entitled to recover of Rs.7000/- per month as Maintenance till the period of Iddat, whereas minor was held entitled to Rs.7000/- per month from the said date; and suit to the extent of recovery of delivery expenses was dismissed---Appeals filed by both parties were dismissed by District Court---Held, that matter regarding recovery of dowry articles was settled during pendency of suit---Petitioner/wife admitted in cross-examination that minor was born in hospital through normal delivery; that she had no proof regarding financial income of respondent---Courts below had concurrently fixed the Maintenance allowance @ Rs.7000/- per month after due consideration of the needs/requirements of minor andby taking into account financial status of respondent-

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--Gold ornaments and a constructed house was incorporated in the Nikahnama as "dower" at the time of marriage-

 Citation Name: 2019 YLR 84
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Mst. RUKHSANA MAJEED VS ADDITIONAL DISTRICT JUDGE

S. 5 & Sched.---suit for recovery of dower---Gold ornaments and a constructed house was incorporated in the Nikahnama as "dower" at the time of marriage---Execution of exhibited agreement admitted by the party---Effect--Petitioner/ ex-wife contended that Appellate Court had wrongly set aside the decree passed by the Family Court as written agreement exhibited by the respondent/ex-husband was disbelieved by the Family Court---Respondent contended that petitioner had waived off the right incorporated in Nikahnama in light of agreement between the parties duly written on stamp paper---Validity---Record revealed that petitioner/plaintiff (ex-wife) had admitted the fact that she purchased the stamp paper, mentioning certain serial number and date, which contained her signature as well as thumb impression; she also admitted that she signed the stamp paper after the same was written---Record revealed that document exhibited by the respondent bore the serial number and date as referred to by the petitioner--Respondent produced not only attesting witnesses and the scribe of said exhibited document , but also one witness to prove the purchase of exhibited stamp paper---Witnesses proved the fact that the petitioner had waived her dower in favour of the respondent while she admitted the execution of the document exhibited by the respondent---Appellate Court had rightly appreciated the evidence on record---High Court upheld the impugned decree and judgment passed by the Appellate Court----Constitutional petition was dismissed accordingly.

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Art. 104---suit for recovery of deferred dower---Limitation-

 Citation Name: 2019 CLC 1008

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MUHAMMAD SAEED VS ADDITIONAL DISTRICT JUDGE

S. 5 & Sched.---Limitation Act (IX of 1908), Art. 104---suit for recovery of deferred dower---Limitation--Deferred dower was payable after a specified period of time and when no period was fixed, the same had to be paid on the death of the husband or dissolution of marriage.

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S. 5, Sched---Dissolution of Muslim Marriages Act (VIII of 1939), S.2---suit for dissolution of marriage and recovery of dower---Rukhsati having not been effected--

 Citation Name: 2019 PLD 218
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AJMAL KHAN VS Mst. FALAK NEGAR BIBI

S. 5, Sched---Dissolution of Muslim Marriages Act (VIII of 1939), S.2---suit for dissolution of marriage and recovery of dower---Rukhsati having not been effected---Effect---Family Court conditionally dissolved the marriage and passed decree for half dower in favour of wife---Validity---Wife would be entitled to whole dower upon consummation of marriage or death of the husband and valid retirement---Wife could not ask for her dower before rukhsati---When husband had divorced his wife before consummation, he had to pay half of the dower but said principle was not applicable when before consummation wife was asking for dower---Wife before consummation was not entitled to ask for dissolution of marriage on the grounds provided in S.2 of Dissolution of Muslim Marriages Act, 1939---Wife was not entitled for dower before rukhsati and valid retirement---No ground existed for the wife to ask for dissolution of marriage in circumstances---Impugned judgments passed by the Courts below were against law---When parties were not ready to settle and live their lives in accordance with Islam, their marriage was dissolved on the basis of khula--Impugned judgments and decrees passed by the Courts below were set aside---Constitutional petition was allowed, in circumstances.

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-Family Court dissolved marriage on the basis of Khula----Wife in such event had to seek Khula by foregoing dower received by her from her husband in consideration of marriage--

 Citation Name: 2020 PLD 173
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Mst. YASMEEN GUL VS MUHAMMAD ZUBAIR

S. 5, Sched. & S. 10(4)---suit for dissolution of marriage and recovery of dowry articles---Khula---Scope---Family Court dissolved marriage on the basis of Khula---Validity---Plaintiff (wife) had produced sufficient evidence in support of her claim for dowry articles---Defendant (husband) had submitted that he himself had purchased articles but he had failed to substantiate the same---Evidence of plaintiff with regard to dowry articles was cogent and convincing as compared to the evidence produced by the defendant---Khula could be granted by the Family Court if wife had failed to establish any allegation leveled in the plaint---Family Court, in the present case, had granted Khula as reconciliation between the parties had failed---Such findings of Family Court were not based on evidence and same could not be challenged through constitutional petition---Right for dissolution of marriage on the basis of Khula was absolute and contingent upon restoration of dower to the husband---Muslim woman had been given right to get herself released from the bond of marriage, if she could not live with her husband within the limits prescribed by Allah Almighty---Wife in such event had to seek Khula by foregoing dower received by her from her husband in consideration of marriage---If husband had left his wife giving divorce then he would not be entitled to receive anything back giving by him to his spouse---If wife herself deserted her husband then she had to give something in lieu of her release---Courts below were competent to draw inference while delivering the judgments---High Court in constitutional jurisdiction could not interfere into such findings unless and until miscarriage of justice had been established---Constitutional petition was not maintainable when evidence in the case had properly been appreciated--Appellate Court had passed the decree after properly evaluating the evidence available on record---Constitutional petition was dismissed, in circumstances.

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--Record revealed that during subsistence of trial, Session Court, on application under S. 491, Cr.P.C, gave children to the custody of mother--

 Citation Name: 2019 YLR 734

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ANWAR ALI VS Mst. NAHEED

S. 5, Sched--- suit for recovery of dower, dowry articles maintenance allowance and custody of minors by the exwife/mother---Payment of gold ornaments in lieu of dower at the time of marriage---Scope---Non-production of receipts of purchase of dowry articles---Effect---Welfare of minors---Scope---Trial Court had held that payment for claimed dower/gold ornaments had already been paid to the ex-wife/petitioner to which she was entitled to retain--Petitioner/ex-wife contended that Trial Court had wrongly held so as she was minor at the time of her marriage and sister of the respondent (husband) had skillfully taken the said gold ornament on the next day of the marriage; Trial Court had not rightly discarded few items like furniture from list of her dowry articles while passing decree in her favour---Respondent (husband) contended that at the time of leaving his house, petitioner (wife) had taken away the dower/gold ornaments---Validity---No proof was provided by the respondent that petitioner had taken gold ornaments along with her while leaving his house---Female who had been given in Nikah to the respondent being minor at that time, it was more plausible to believe that on the next day of marriage, the sister of the respondent had taken the gold ornaments from her as the same had been temporarily arranged at the time of marriage by the sister of respondent who demanded its return just after the marriage was solemnized---Where there was a list of dowry articles which included household articles such list was to be believed---Normally it was not possible for bride to keep the record of purchase of dowry articles and obtain signature on the list of articles from the bridegroom side, all the dowry articles as per list were either returnable or payment of one third of its value in the alternate---Record revealed that during subsistence of trial, Session Court, on application under S. 491, Cr.P.C, gave children to the custody of mother--Mother/petitioner being natural guardian could best take care of the children; father having had contracted second marriage---Constitutional petition of ex-wife/mother was allowed accordingly.

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