KAMRAN SHER vs Mst — 2021 MLD 1694 PESHAWAR-HIGH-COURT

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KAMRAN SHER VS Mst. SADIA S.5---Maintenance allowance to wife---Principle---Non-payment of dower---Effect---Respondent-plaintiff (wife) filed suit for recovery of dower amount, maintenance allowance, gold jewelry, dowry articles and share in house, which suit was partially decreed in her favour by Family Court as well as Lower Appellate Court---Validity---When a woman refuses to surrender herself to her husband, on account of dower (that is, on account of its not having been paid to her), her maintenance does not drop but is incumbent upon husband, although she is not yet within his custody, since her refusal is only in pursuance of her right and consequently the objection of matrimonial custody originates with the husband---Respondent-wife opted not to live with petitioner-husband on the ground of forceful ouster and non-payment of dower in shape of cash amount and gold---Both reliefs sought by respondent-wife were refused by Family Court as the same were not proved---Factum of fixation of dower had been remained controversial since solemnization of Nikkah till the decision of Family Court, which at the end was fixed as Rs.2000/---As such the same could not be considered a failure or refusal on the part of petitioner-husband either it was controversial or not admitted by him---Leaving the house of petitioner and living apart from him was not justified at any cost when respondent-wife failed to prove ill treatment or physical torture on part of her husband i.e. petitioner---High Court reversed findings of two Courts below and set aside judgment and decree for payment of maintenance allowance on the ground of non-payment of dower---Constitutional petition was allowed accordingly.

KAMRAN SHER vs Mst — 2021 MLD 1694 PESHAWAR-HIGH-COURT

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