ALIYA JABEEN vs MUHAMMAD ASHFAQ Maintenance — 2022 CLC 1253 SUPREME-COURT-AZAD-KASHMIR

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ALIYA JABEEN VS MUHAMMAD ASHFAQ Maintenance---Faithful wife living with husband---Principle---Husband was duty bound to pay maintenance to wife when she was faithful to husband and lived with her---If wife would voluntarily leave the house of her husband, she was not entitled to maintenance charges. Head NotesCase Description Citation Name: 2022 CLC 1253 SUPREME-COURT-AZAD-KASHMIRBookmark this Case ALIYA JABEEN VS MUHAMMAD ASHFAQ Ss.2, 5 & Sched.---Cruelty/physical and mental torture---Khula---Suits for dissolution of marriage, recovery of dowry articles, maintenance and dower (house)---Appellant/plaintiff (wife) alleged that defendant/respondent (husband) started torturing her physically/mentally after a month of marriage; that respondent was a psychological patient; that respondent often did not remain in his senses and used to abuse the appellant; that as a result of physical assault, the appellant had lost her ear; that respondent had finally deserted her after giving her beating; that she could not live with appellant within the limits ordained by Allah Almighty; that respondent had never paid any maintenance to appellant since marriage; that dower was not paid; that dowry articles were in possession of respondent---Respondent filed counter suit for restitution of conjugal rights---Trial Court consolidated all the suits and decreed suit for dissolution of marriage on ground of Khula; decreed suit for recovery of dowry articles; and dismissed suit for maintenance and dower for want of proof---Appellant filed appeal in Shariat Appellate Bench of High Court (AJ&K) which was dismissed---Appellant contended that statement of appellant and the maid who was present at the time of physical assault was sufficient for granting decree of dissolution on ground of cruelty; and that appellant claimed dissolution of marriage on ground of cruelty instead of khula and proved the fact of cruelty---Validity---Courts below reached the conclusion that appellant failed to prove the factum of cruelty---Appellant had categorically stated in plaint that she had developed hatred towards her husband and she would not live with him at any cost rather would prefer death---After such statement it could not be said that dissolution was not claimed on the basis of khula---Respondent had specifically refuted the claim of appellant and stated that she was not ousted from the house by him rather she went out voluntarily, and record revealed the same---Appeal was dismissed accordingly. Head NotesCase Description

ALIYA JABEEN vs MUHAMMAD ASHFAQ Maintenance — 2022 CLC 1253 SUPREME-COURT-AZAD-KASHMIR

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