Law: Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

Law: Dissolution of Muslim Marriages Act, 1939

Section: 2(ii)

Family Courts Act (XXXV of 1964)--- ----S. 5---Dissolution of Muslim Marriages Act (VIII of 1939), S.2(ii)---Constitution of Pakistan, Art. 199---Constitutional petition---Non-consummation of marriage---Effect---Maintenance allowance, recovery of---Deferred dower---Scope---Petitioner was ex-husband of respondent and he was aggrieved of and decree passed against him by Trial Court as well as Lower Appellate Court---Validity---Deferred dower became due after dissolution of marriage either by death or divorce---Marriage between parties was dissolved therefore, deferred dower had become due on part of petitioner---Wife could claim dissolution of marriage even other than ground of Khula---Respondent sought dissolution of marriage on grounds of non-payment of maintenance allowance and she successfully proved the same---Courts below were not right to direct respondent to forego her dower---Marriage having not been consummated therefore, both courts below had rightly decreed half of the dower amount---High Court declined to interfere in the concurrent s passed by two courts below as there was no illegality or irregularity---Constitutional petition was dismissed in circumstances. Mst. Shamim Akhtar v. Additional District Judge, Sialkot and another 1991 CLC 1142 rel. THIS ORDER PASSED BY: MUHAMMAD FARRUKH IRFAN KHAN, J.---- Succinctly the facts of the case are that respondent No.1 filed a suit for dissolution of marriage, recovery of maintenance allowance and dower against the petitioner alleging therein that her Nikah was solemnized with the petitioner in consideration of dower of Rs.200,5000/- out of which an amount of Rs.5000/- was prompt dower which was paid at the time of Nikah, whereas, the remaining amount was deferred dower; that according to condition No.20 of the Nikahnama the petitioner was also bound to pay the wife Rs.20,000/- per month as maintenance allowance; that at the time of Nikah it was settled between the parties that Rukhsati shall take place when the petitioner would arrange for her VISA of France; that defendant neither arranged VISA as per his commitment nor paid any maintenance allowance, therefore, for his own fault she could not live with the…

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