Law:

Section:

(a) Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----S. 5, Sched.---Suit for recovery of maintenance allowance---Cruelty---Effect---Family Court decreed suit for recovery of maintenance allowance---Validity---If wife was not willing to live with her husband, she was not entitled for maintenance allowance---Husband was bound to pay maintenance to wife till she was faithful and lived with him and if she voluntarily left the house of her husband then she was not entitled to maintenance---Wife was entitled for maintenance allowance only when she was forced to leave the house of her husband due to cruelty or violence but when she abandoned the house of husband with her free consent and willfully refused to perform marital obligations, she would not be entitled to any maintenance allowance---Wife had not established any act of cruelty of husband with cogent and reliable evidence---When wife was not willing to join husband, she was not entitled to maintenance allowance---Family Court was not competent to order for recovery of maintenance allowance---Impugned was not sustainable which was set aside---Appeal was allowed in circumstances. Mst. Amreen v. Mohammad Kabir 2014 SCR 504 rel. (b) Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----S. 5, Sched.---Marriage was dissolved on the basis of khula in consideration of deferred dower---Validity---Once wife had claimed khula, she had to return what she received as dower or she could make any offer to give something to her husband as 'badl-e-khula'---Family Court, in the present case, had fixed the consideration of khula the surrender of her right to recover the deferred dower---No illegality had been committed by the Family Court in circumstances---Even otherwise wife was entitled for deferred dower when husband divorced her---Wife was not divorced in the present case by the husband rather their marriage was dissolved by the Court on the ground of khula which was claimed by wife---Once wife demanded the deferred dower from her husband even before divorce, it would become payable and could be treated as prompt dower---Right of deferred dower of wife had been accepted as consideration for khula in the…

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