Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 5

(a) Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----S. 5, Sched---Suit for recovery of maintenance allowance---Contention of husband was that wife had voluntarily opted for desertion and she was not entitled for maintenance allowance---Suit of wife was decreed concurrently---Validity---Spouses had lack of confidence, mutual respect, harmony, sacrifice and sympathy between them---Absence of such ingredients had created atmosphere unsuitable for wife, desertion in such circumstances was natural---Wife could not be blamed that she had voluntarily opted for desertion and failed to discharge her matrimonial obligations amounting to disentitle for maintenance allowance---Concurrent findings recorded by the courts below were based on proper appreciation of evidence---Husband had forced the wife to opt for desertion and she was entitled for maintenance allowance---Appeal was dismissed in circumstances. Mst. Amreen v. Muhammad Kabir 2015 YLR 170 distinguished. (b) Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----S. 5, Sched---Suit for recovery of dower---Scope---Nothing was on record to show the handing over of dower to the wife---Husband admitted that the ornaments given in lieu of dower had been taken from the wife by him---Trial Court had ignored the material aspect while appreciating the evidence on record---Husband had failed to prove that dower was paid or satisfied---Whole amount of dower was unsatisfied---Suit for recovery of dower was rightly decreed in circumstances---Appeal was allowed accordingly. THIS JUDGMENT PASSED BY: CH. MUHAMMAD IBRAHIM ZIA, JUSTICE:---.--- All the above titled appeals by leave of the Court have been directed against the consolidated judgment of the Shariat Court dated 01.07.2014, whereby the appeal filed by appellant-wife has been partly accepted whereas the appeals filed by the appellant-husband have been dismissed. As identical, legal and factual propositions are involved in all the three appeals, therefore, disposal of same through this consolidated judgment is felt advised. 2. The brief facts necessary for disposal of these appeals as stated are that the contesting parties were husband and wife. After…

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