TALHA NAFEES vs BUSHRA BOSTAN S — 2022 YLR 2011 HIGH-COURT-AZAD-KASHMIR

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TALHA NAFEES VS BUSHRA BOSTAN S. 5, Sched.---Dissolution of Muslim Marriages Act (VIII of 1939), Ss. 2(ii), (iv), (viii)a & (viii)f---Suits for Dissolution of marriage and recovery of dowry articles by respondent/wife and suit for restitution of conjugal rights was filed by appellant (the husband)---Trial Court decreed the respondent's suits and dismissed the appellant's for want of proof--- Validity--- Admittedly, appeal against the judgment in suit for maintenance allowance had been passed by High Court after deep scrutiny of record---Record further showed that during the period of their stay together, behaviour of appellant with respondent remained hostile while he did not pay single penny to her since her desertion and he on one pretexts or the other left her in a Madrassa for religious education to avoid the expenses of maintenance allowance and thereafter, he also contracted second marriage---Respondent proved the factum of desertion, non-performance of matrimonial obligations and non-payment of maintenance allowance through reliable/convincing evidence---Appellant's witnesses admitted the respondent's claim stating that at time of marriage, dowry articles in a loaded Truck having worth more than Rs.2,00,000/- were given by the parents of plaintiff respondent; and that respondent's dowry articles were in use of second wife of the appellant---Amount of the articles as per list was Rs.209935/- and in case of appellant's failing, after 30% reduction on account of principle of depreciation, she had to be entitled to receive the amount of Rs.135450/---Instead of referring to the principle of depreciation, Trial Court fixed the entitlement of the respondent after 30% deduction from total amount---High Court modified the impugned judgment/ decree to such extent only and dismissed the appeals on the rest of ground.

TALHA NAFEES vs BUSHRA BOSTAN S — 2022 YLR 2011 HIGH-COURT-AZAD-KASHMIR

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