Law: Family Courts Act, 1964

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

(a)    Family Courts Act (XXXV of 1964)-------S. 10(5)---Khula---Award of maintenance confined to Iddat period only---Claim for recovery of deferred dower and dowry articles---Deferred dower---Entitlement in case of khula---Reason for seeking khula the determinative factor---Long duration of marriage considered---Deferred dower as compensation for commitment---Legal question that came up for determination before the High Court was as to "Whether a wife who obtains dissolution of marriage through khula is legally entitled to recover the entire amount of deferred dower?"---Respondent No. 3 (wife) instituted a suit before the Family Court against the petitioner (husband) seeking dissolution of marriage, recovery of deferred dower amounting to Rs. 200,000/-, maintenance allowance, and dowry articles worth Rs.371,200/- ---The petitioner resisted the suit, and upon failure of reconciliation efforts, the Family Court decreed the dissolution of marriage under S. 10(5) of the Family Courts Act, 1964 on the basis of Khula--After recording of evidence, the Family Court partly decreed the suit, awarding Rs.5,000/- per month for the iddat period and Rs.100,000/- as alternate value of dowry articles, however, the issue of deferred dower remained undecided---On appeal, the Appellate Court remanded the case for adjudication on all issues---The Family Court decided the case afresh, awarding Rs.200,000/- as deferred dower and maintaining the earlier grant of alternate value of dowry articles---The petitioner's appeal against this decision was dismissed and thereafter he filed the present constitutional petition---Held, that giving of dowry articles to daughters is a deep routed practice in our society followed by the parents of all classes irrespective of their financial status---The alternate value of dowry articles as fixed by court below even if seen in conjunction with the admission of the petitioner that some dowry articles were given to the respondent, the same appeared to be reasonable--Therefore, findings of the courts below regarding dowry articles were unexceptionable---Regarding the issue of deferred dower the High Court held that the respondent,…