Law:

Section:

(i) AJ&K Dowry and Bridal Gifts (Restrictions) Act, 1976-- ----S. 10--Contravention of provisions--Violation of--Procedure in Cr.P.C.--Validity--Magisrate is competent to punish any parent and after having done so, the dowry, bridal gifts or presents given or accepted in contravention of the provisions of "Azad Jammu and Kashmir Dowry and Bridal gifts (Restrictions) Act, 1976," shall be forfeited to Government to be utilized for the marriage of poor girls. [P. 76] A (ii) AJ&K Dowry and Bridal Gifts (Restrictions) Act, 1976-- ----S. 3--Consolidated --Validity--Assailed--Dowry amount to the extent of 35,000/- Amount of dowry ranged from Rs. 35,000/- to Rs. 40,000/- Trial Court did not allow more than Rs. 35,000/- Appellant produced no evidence therefore, even otherwise his claim cannot be considered because he failed to testify his claim--Respondent is not entitled to the amount claimed by her through any evidence--Held: Dowry amount to extent of Rs. 35,000/- has rightly been allowed by trial Court and need no interference by Shariat Court--Appeal dismissed. [P. 77] B & C (iii) AJ&K Dowry and Bridal Gifts (Restrictions), 1976-- ----S. 3--Consolidated --Question of--Martial obligation--Separate living of spouses--Without lawful justification--Wife can claim separate living for lawful excuse--Wife was meted-out with maltreatment and was compel to leave the house of her husband--Husband failed to fulfill his marital obligations--No evidence to show that wife was living separately without any lawful justification so that a decree for conjugal rights could be passed in favour of appellant--Thus, objection is also without merit and required no interference by Shariat Court--Appeal dismissed. Order This appeal arises out of the following facts:-- Mst. Shabnam Akhtar respondent-herein brought 3 suits, 1 for recovery of her dower Rs. 1,50,000/-, 2 for payment of price of her dowry Rs. 38,580/- and 3 for maintenance allowance Rs. 3,000/- per month to her and her minor daughter in the Court of Judge Family Court. On the other hand, Shaukat Hayyat appellant-herein filed a suit for restitution of conjugal rights in the same Court. All the suits by the…

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