Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 5

Azad Jammu and Kashmir Family Courts Act, 1993 (XI of 1994) S.5, Sched.---Suit for recovery of maintenance of wife---Desertion of wife---Cruel behavior of husband---Scope---Maintenance allowance of wife---Entitlement---Suit filed by husband for restitution of conjugal rights was decreed while suit for recovery of wife's maintenance allowance as dismissed for not cohabitating in husband's house---Validity---Appellant (wife/plaintiff), in order to prove her claim, produced four witnesses; on of the deposed clearly the abusive/rude behavour of the respondent (husband/defendant) when he came to the house of parents of plaintiff; another witness deposed that defendant was a person of harsh behaviour who never respected his in-laws and plaintiff remained deserted more than the cohabitation period; yet another witness produced by plaintiff deposed as to how the defendant used to torture the plaintiff; fourth witness of the plaintiff also supported the claim of the plaintiff---Plaintiff also recorded her statement and amply endorsed the allegation levelled in the plaint that defendant tortured her physically and mentally---Even one of the witnesses produced by the defendant admitted that the spouses used to quarrel by deposing that he did not know the reason of quarrel between the spouses---Thus, the appellant/plaintiff simply proved mental as well as physical torture by the defendant---If a wife is forced to leave the house of her husband either due to physical or mental torture, she cannot be held disobedient but only if she left the house of her husband sine any reason then is not entitled to get any maintenance and only in such situation the husband cannot be ordered to provide her maintenance till she cohabits with him---In the present case, the appellant/plaintiff had successfully substantiated that she left the house of defendant many times due to his torture but was resettled on the assurance that she would not be tortured and would be provided proper maintenance but despite that defendant did not change his behaviour which forced her to leave the house---It was also proved from the evidence that husband (defendant/respondent) used to disrespect and…