Law: Dissolution of Muslim Marriages Act, 1939

Section: 2(ii)

Dissolution of Muslim Marriage Act (VIII of 1939)--- ----S.2(ii)---Dissolution of marriage due to non-payment of dower amount---Neglect by husband---Suit of the respondent for dissolution of marriage was decreed whereas the suit for the recovery of maintenance allowance was also decreed @ Rs. 10,000/- per month for the last 06 years preceding the institution of the suit---Constitutional petition was filed against the decree for dissolution of marriage whereas appeal was filed against the decree for maintenance allowance---Held, that as per record, it was not in dispute that the marriage was solemnized in the year 1998; it was also admitted that the petitioner was permanently residing in Japan, it was also not denied that off and on he came to Pakistan but in the entire period of 21 years till date he remained in Pakistan for four to five months by calculating his total stay in intervals in Pakistan---Though the petitioner in his written statement had alleged that he had paid maintenance allowance to his wife but neither his attorney nor the witnesses could prove the payment of maintenance---Record reflected that no allegation of disobedience or refusal on the part of respondent was alleged by the petitioner---In such circumstances when a woman/girl remained in Nikah of a person for 21 years and in that period he attended her only for months keeping aside the maintenance for his other obligations i.e. performance of marital duties which on the other hand was the right of respondent from which she was deprived---In Islam, there were duties of husband toward his wife i.e. to pay maintenance, to pay dower, to provide accommodation and physical needs---Caring for fulfillment of marital obligation was also the duty of husband so that, wife might not commit a sin by eyeing other men in order to quench her thirst---Thus, the respondent was rightly held entitled for maintenance and the quantum of maintenance was also rightly determined---In the instant, the parties were in Nikah since 1998 and for the last 19 years the only period with which they lived together might not be more than a few months---Petitioner had himself enjoyed the life of foreign country like Japan…

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