Law: Family Courts Act, 1964

Section: 5,10(5),10(6),14

Law: Constitution of Pakistan, 1973

Section: 199

(a) Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Suit for recovery of maintenance allowance---Scope---Petitioner/husband assailed award of maintenance allowance to the respondent/wife on the ground that she herself had left his house of her own volition---Validity---Respondent levelled allegations of bad and disrespectful behaviour on part of the petitioner towards her and she deposed in her evidence that on account of torture inflicted by the petitioner upon asking for maintenance, she had left the house of the petitioner and to that extent her testimony was not discredited in cross-examination by the petitioner---Respondent had left the house of the petitioner under compelling circumstances to reside with her parents and the petitioner could not prove any attempt on his part to reconcile with her---Defence witnesses had admitted the date of desertion as well as the fact that the petitioner had not paid any amount of maintenance from the said date till dissolution of the marriage---Decree for maintenance was rightly passed in favour of the respondent---Constitutional petition was dismissed, in circumstances. (b) Family Courts Act (XXXV of 1964)--- ----Ss.5, 10(5) 10(6)---Suit for dissolution of marriage on basis of Khula---Return of dower---Scope---No legal requirement exists in a suit for dissolution of marriage to restore to the husband the Haq Mehar received by wife in consideration of marriage at the time of Nikah---In terms of S. 10(5) of the Family Courts Act, 1964 the surrender of dower by wife in a case of dissolution of marriage through khula is no more mandatory or a matter of course rather it is discretionary---Such surrender is not automatic but depends upon direction of the Family Court---Surrender by the wife under S. 10(5) is only a part of the dower and not the whole of it---Scope of discretion of the Family Court in this regard covers not only whether or not to direct surrender of the dower by the wife but also how much or what part of the prompt or deferred dower---Such direction for surrender has to be within the ceiling prescribed by the legislature in either case i.e. up to fifty percent of the deferred dower or up to twenty five…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492