ZAHID AKHTAR vs Mst — 2021 YLR 570 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 570 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: ZAHID AKHTAR vs Mst
Subject matter: Civil
Provisions referred to: S. 5

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

Judgment text as reported

ZAHID AKHTAR VS Mst. SAIMA ZIA S. 5, Sched.---Suit for dissolution of marriage on the basis of khula---Gift of gold ornaments---Scope---Respondent brought a suit against the petitioner for dissolution of marriage on the basis of khula and recovery of monthly maintenance allowance for the minors---Decree for dissolution of marriage on the basis of khula was granted in favour of the wife in lieu of dower i.e. house and ten tolas gold ornaments---Appellate Court partially allowed the respondent's appeal by modifying the judgment of trial court to the extent that the respondent was not liable to return ten tolas gold ornaments to the petitioner---Validity---House mentioned in the nikahnama was sold by the petitioner and the amount of sale consideration was received by him and not by the respondent---Gold in question was given to the respondent besides dower, meaning thereby that the same was given to her as a gift and that it could not be reclaimed once given with free will and consent---Monthly maintenance allowance of minors was kept intact however, its annual increase was reduced from 20% to 10%---Constitutional petition was disposed of accordingly.

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