Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(10)

Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 42(10)--Suits for dissolution of marriage, recovery of maintenance allowance and recovery of dower--Decreed and dismissed to extent of gold ornaments--Allegation regarding physically and sexually fitness of plaintiff--Application for medical examination of plaintiff by defendant/appellant--Report of medical board--Adoptation of deviated procedure--Entitlement of wife--Deferment of payment of dower--Competency of wife to demand of dower--Binding on husband--Financial position of defendant--Modification in --It is observed here that defendant has given authority to his counsel by way of signing Vakalatnama to prosecute case on his behalf including filing Iqbal dawa(cognovit), compromise and even for taking oath on behalf of defendant/ appellant therefore, proceeding conducted by trial Court are quite in accordance with law, as act of counsel is always considered an act of party--If a party opts to adopt a deviated procedure and an order is passed on basis of such offer, deviated procedure or undertaking, subsequently that party is not allowed to resile from such statement, undertaking etc. lambasted and castigated her and made her life miserable and depressed--Trial Court has rightly passed impugned and decree in accordance with law for dissolution of marriage on basis of cruelty and non-maintenance--In present case, to make allegation against a physically and sexually fit woman of being non-productive and that of incomplete woman itself causes a great torture to that woman--Although in her suit, plaintiff claimed that gold ornaments were also snatched during matrimonial life, however, she failed to prove her claim with regard to snatching of same, thus, trial Court has rightly dismissed her suit to this extent--Deferment of payment of dower to a wife with her consent is not prohibited, but if in column of deferred dower a stipulated period is not mentioned for payment of dower, wife is competent to demand dower from her husband, who is bound under law to pay dower to wife whenever it is demanded or in case of divorce dower becomes payable instantly-- Trial Court has rightly decreed suit…

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