Law: Family Courts Act, 1964

Section: 5

(a) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Suit for dissolution of marriage and recovery of dower---Dower, quantum of Wife claimed that seven tolas of gold ornaments as dower was fixed between the spouses at the time of engagement which though was tendered to her at time of Nikah but the same was recollected from her on arrival at the house of husband/defendant---Held, that the wife/plaintiff, in her cross-examination had admitted that an amount of Rs. 400,000/- as dower was paid to her by the defendant---Neither Nikah Khwan or registered Nikah Nama of the spouses had been produced in the present case, during the trial, so that due inference could be taken in respect of the subject portion of the dower of the plaintiff---Defendant not only corroborated his version while recording his statement as a witness but had exhibited a receipt relating to the terms and conditions of marriage also, conceding fixation of amount as dower---Both the parties had admitted the amount of Rs. 400,000/- having been fixed as dower which was paid to the wife by the defendant at the time of marriage---No illegality or infirmity was found in decree and regarding dower passed by the Appellate Court---Constitution petition was disposed off accordingly. (b) Family Courts Act ( XXXV of 1964)--- ----S. 5, Sched.---Suit for dissolution of marriage---Recovery of dower, past maintenance allowance and medical expenses---Dissolution of marriage---Khulla or cruelty, basis of---Cruelty by husband was asserted by wife---Wife claimed that after four months of marriage she was diagnosed with breast caner but strained relations between the spouses were already persisting and attitude of husband/defendant kept worsening, and he subjected her to mental, physical and psychological torture---Family Court decreed the dissolution of marriage on the basis of cruelty---Appellate Court changed the basis of separation of parties from Khulla into the cruelty and also denied grant of past maintenance allowance---Validity---Record revealed that the defendant had never inquired about health of the petitioner/plaintiff and had not paid, as a token of courtesy a single penny for her maintenance or…

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