AAMIR FAROOQ vs NAIMA FAROOQ S — 2022 PLD 17 SUPREME-COURT-AZAD-KASHMIR

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AAMIR FAROOQ VS NAIMA FAROOQ S. 5, Sched.---Suit for recovery of dower---Deferred dower---Consummation of marriage---Scope---Plaintiff, after being divorced, filed suit for recovery of deferred dower and maintenance allowance for the period of iddat---Contention of defendant was that the plaintiff never allowed him to consummate the marriage, hence, she was not entitled to the amount of dower---Courts below concurrently decreed the suits---Validity---Command of the Holy Quran was that in case of consummation of marriage the wife became entitled for full amount of dower, whereas, in case of non-consummation of marriage the wife was entitled to receive half dower---Consummation of marriage occurred when the couple spent some time after the marriage in seclusion and/or privacy---Intercourse was not necessary for consummation of marriage from Islamic point of view---Perusal of evidence brought on record revealed that after marriage rukhsati had taken place and the plaintiff had resided in the house of defendant for 7/8 months---Not a single question was put to her in cross-examination regarding non-performance of marital obligations during the period of marriage---Defendant had admitted that the plaintiff had returned to her parent's house after 3/4 days---In the given circumstances, Khalwat-i-Sahiha was sufficiently proved from the record, hence, the plaintiff was entitled for recovery of full amount of dower---Appeal was dismissed. Head NotesCase Description Citation Name: 2022 PLD 17 SUPREME-COURT-AZAD-KASHMIRBookmark this Case AAMIR FAROOQ VS NAIMA FAROOQ S. 2---Grounds for decree for dissolution of marriage---Scope---If both partners have agreed not to engage in sexual intercourse, then there is no issue---Marriage is intact---If, however, either the husband or the wife is demanding sexual intimacy, and the spouse is not making him/herself available for it, then the deprived partner has a right to initiate a divorce. Head NotesCase Description

AAMIR FAROOQ vs NAIMA FAROOQ S — 2022 PLD 17 SUPREME-COURT-AZAD-KASHMIR

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