FAHAD KHAN vs Mst — 2021 MLD 109 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

FAHAD KHAN VS Mst. FARUKH TABBASSUM S. 5, Sched.---Suit for recovery of maintenance allowance, dower and dowry articles---Plaintiff (wife) had left the house of defendant with her sister and defendant (husband) had not ousted her forcibly---Plaintiff-wife had not levelled the allegation of snatching of dower on behalf of defendant-husband---Wife had not produced her sister in the witness box and she had withheld best evidence available with her---Wife normally keep her gold ornaments in her own custody---Plaintiff remained in the house of defendant for about seven or ten days---Bride normally kept control over her gold ornaments in the early days of marital life---Plaintiff and her witnesses had admitted the payment of dower---Plaintiff was bound to prove that gold ornaments had been snatched on behalf of husband---Defendant had contended that he had paid entire dower to the wife---Plaintiff had failed to prove that partial gold ornaments were in the possession of defendant---Plaintiff could not take benefit from the shortcomings of defendant's case---Defendant had proved the payment of entire dower to the wife---Defendant had divorced the wife who had left his house herself and she was not entitled for full amount of maintenance allowance---Plaintiff was held entitled for maintenance allowance @ Rs.5,000/- per month from the date of desertion till expiry of Iddat period---Dowry articles returned by the Courts below to the wife were general items which ordinarily a bride did bring with her as marriage gift from her parents---Findings of Courts below for return of dowry articles did not suffer from any irregularity or jurisdictional defect---Impugned judgments and decrees passed by the Courts below were modified accordingly---Constitutional petition was allowed in circumstances.

FAHAD KHAN vs Mst — 2021 MLD 109 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2021 MLD