Law:

Section:

Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----S. 5, Sched.---Dissolution of marriage---Khula---Restoration of property/dower received by the wife---Scope---Family Court dissolved marriage in consideration for khula by fixing an amount which was not incorporated in the Nikah Nama---Contention of husband was that the amount fixed by the Family Court as consideration for khula was not mentioned in the Nikah Nama---Validity---Wife could not prove that she was entitled to obtain decree for dissolution of marriage on the grounds of cruelty, non-performance of marital obligations and non-payment of maintenance allowance as her husband was out of country---Person who had asserted a point must prove the same---Wife was bound to prove her claim that ornaments were snatched away from her, by her husband or his sister or brother which she could not prove---Decree for dissolution of marriage could be passed without consideration of khula---When khula was due to some fault on the part of husband then it was not lawful for him to take back anything from his wife---Wife herself deserted in the house of her parents and she filed a suit for dissolution of marriage---Wife did not live with her husband continuously---Wife had been granted a decree on ground of khula due to hatred against her husband---No fault was pointed out on the part of husband and Family Court was bound to restore the property/dower received by the wife---Husband was entitled to receive entire dower amount from wife instead of amount fixed by the Family Court in case of dissolution of marriage on khula when snatching of ornaments had not been proved---Wife had not arrayed party to the sister and brother of husband against whom allegation of snatching away ornaments was levelled---When wife had demanded khula as of right then marriage had to be dissolved on restoration of what she had received in consideration of marriage when parties would not observe the limits ordained by Almighty Allah---Family Court had rightly dissolved the marriage on the basis of khula but failed to fix amount as consideration for khula as marriage was to be dissolved on the condition of repayment of dower amount…

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