Law:

Section:

Family Courts Act (XXXV of 1964)--- ----S.5 & Sched.---Suit for dissolution of marriage and recovery of dower and custody of minor---Cruelty---Scope---Wife leaving the house of her husband on her own and did not demand custody of minor for a long time---Effect---Past maintenance allowance ---Scope---Gold ornaments in lieu of dower---Petitioner/ex-wife contended that Appellate Court had wrongly ordered to surrender half of 7 tolas of gold ornaments in lieu of dower in the wake of dissolution of marriage on the basis of cruelty instead of khula---Respondent/ex-husband contended that the petitioner could not prove cruelty and she was not entitled for custody of minor as she had not demanded post maintenance and custody of minor for a long time---Validity---Record revealed that petitioner though claimed dissolution of marriage on the basis of cruelty but she had stated as witness that she was not ready to live with the respondent and would rather prefer death---Evidence showed that the petitioner remained in the house of respondent for a considerable long time even when the respondent had left for abroad and that father of respondent also took amount during the period the petitioner was living with her father; which demonstrated that petitioner left the house of her husband with her free will---Cruelty, though could not be proved through direct evidence but, in the present case, mere assertion of the petitioner that she had heard disparaging remarks about her on the telephone could not be considered as proven fact about cruelty---Seven tolas gold ornaments was proved as dower of the petitioner and was not denied in evidence---Where wife herself was seeking Khula, she was bound to surrender the dower---Husband, during subsistence of marriage could not be allowed to neglect his wife in paying maintenance to her; it was his legal, moral and social duty under the Islamic Law to maintain his wife to live respectable life till the subsistence of marriage---Family Court had rightly granted past maintenance allowance for one year till the expiry of iddat---Wife when left the house of husband had not asked for the custody of her minor son for a considerable time,…

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