Citation Name: 2023 CLC 2055 PESHAWAR-HIGH-COURTBookmark this Case Mst. NADIA BIBI vs ASAD KHAN S

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Citation Name: 2023 CLC 2055 PESHAWAR-HIGH-COURTBookmark this Case Mst. NADIA BIBI VS ASAD KHAN S.5, Sched.---Suit for dissolution of marriage on the basis of Khula---Maintenance allowance of ex-wife during the period of iddat---Family Court decreed the dissolution of marriage on the basis of Khula , however, without granting the plaintiff/wife maintenance allowance for her iddat period of three months ; and the Appellate Court maintained the judgment of Family Court---Validity---Record revealed that the suit for dissolution of marriage was decreed on the basis of Khula, however, there could be no escaping from the fact that the husband was bound to maintain his wife till the conclusive end of his Nikah on the expiry of iddat period---Petitioner could not be deprived of her maintenance allowance during her iddat period---High Court modified the impugned judgment passed by both the Courts to the effect that the petitioner was entitled to maintenance allowance for three months of iddat period---Constitutional petition was disposed of accordingly. Citation Name: 2023 CLC 2055 PESHAWAR-HIGH-COURTBookmark this Case Mst. NADIA BIBI VS ASAD KHAN S.5, Sched.---Suit for dissolution of marriage and return of dower (four tolas gold ornaments)---"Snatching" of gold ornaments by the husband---Connotation---Gold given by wife to the husband to pay off a debt---Interested witness---Contention of the plaintiff /wife was that the defendant / husband owned loan to someone for which he snatched from her gold ornaments, promising her that he would purchase them for her later on---Family Court dismissed the claim of the petitioner / plaintiff regarding snatching of gold ornaments and decreed dissolution of marriage and ordered that since decree was being passed on the basis of Khulla, she was liable to return dower (gold ornaments)---Appellate Court maintained the decree---Validity---Quantum of dower (four tolas gold ornament) and its payment was not disputed between the parties; the dispute was over what the petitioner contended as its " snatching" by the respondent for repayment of his debt while the respondent plainly denied the said allegation/contention---Record revealed that the petitioner and her two witnesses were not cross-examined by the respondent on said point/dispute, whereas the petitioner produced another witness, the man who had advanced the loan to the respondent, who happened to be her maternal uncle---Said witness deposed and also reiterated in cross-examination that , while repaying loan in cash, both the spouses (parties) told him that the gold ornaments were sold for repayment of loan---Said witness also stated that the counsel of the respondent / husband told him to give evidence; which fact did not seem to be a factor to throw away his evidence; had he said that the petitioner herself or her counsel 'advised' or 'tutored' him for giving evidence, then only it might have raised questions on his credibility---Similarly, mere fact that he (witness) was a close relative of the petitioner was not a sufficient ground to discard his evidence as an interested witness as no enmity or ill-will between him and the respondent was attributed---Above all, every witness after having entered the witness-box was administered oath and his evidence must be believed as true unless it was demonstrably shattered as unbelievable for being not cogent, solid and confidence inspiring and/or even false---Respondent himself did not appear as a witness to spell out his own contention and face cross-examination---Father of the respondent, as his (respondent's) special attorney and another witness had admitted advancing of loan in their respective deposition; and also admitted that that "usually people do sell gold ornaments of wives to repay their debt", suggesting an admission of the contention of the petitioner that she offered (though the respondent did not snatch) the gold ornaments to repay his loan---High Court viewed that the word "snatching" might not be understood in strictly literal sense in the circumstances of the case, most particularly when the testimony of the witness, who advanced the loan, was weighed holistically, which proved that the petitioner had given her gold ornaments to the respondent willingly to rescue him in a difficult time---In our social set-up, a wife would ordinarily offer her gold ornaments to her husband for sale in any moment of financial stringency, which was a relevant fact in family suits---High Court observed that the petitioner succeeded in proving that she had handed over to the respondent her gold ornaments, though snatching was not typically proved---While the petitioner discharged her burden of having given her gold ornaments to the respondent, he having admitted her stance in evidence, discernibly failed to prove that he returned the gold ornaments to her---High Court modified the impugned judgment passed by both the Courts to the effect that the petitioner was entitled to repayment of four tolas gold ornaments as her dower which the respondent sold for repayment of his debt, however, in the event of dissolution by marriage by Khula, the respondent was held entitled to be discharged from its (gold ornaments') repayment---Constitutional petition was disposed of accordingly. Citation Name: 2023 CLC 2055 PESHAWAR-HIGH-COURTBookmark this Case Mst. NADIA BIBI VS ASAD KHAN S.5, Sched.---Suit for dissolution of marriage---Khula---Cruelty by in-laws---Family Court decreed suit for dissolution of marriage on the basis of Khulla/Appellate Court maintained the decree---Contention of the plaintiff /wife was that the decree of dissolution of marriage should have been passed on the basis of cruelty---Validity---Evidence having been adduced, in the present case, revealed that the respondent/ husband had never treated the petitioner/wife with cruelty, physically and/or mentally, however, she complained about the behavior of her in-laws while the respondent was living abroad, which had brought about negative psychological impact on her life---In spite of the respondents' love, unwillingness of the petitioner to live with him (respondent) might be seen in such background (cruel behavior of in-laws)---Wife, generally and in the absence of her husband particularly, would not simply expect but pins high hopes, and rightly so, on her in-laws to let her live with them in a conducive and congenial atmosphere within four corners of a house---Given our social norms, a wife would ordinarily do her best to live peacefully; she would most often show resilience in the face of uncouth and even cruel behavior of her husband and other in-laws for the sake of her own as well as for the honour and dignity of her parents ; she would only complain either in an extreme situation or not at all---High Court maintained the impugned judgment and decree of the dissolution of marriage passed on the basis of Khula---Constitutional petition was disposed of accordingly. Citation Name: 2023 CLC 2055 PESHAWAR-HIGH-COURTBookmark this Case Mst. NADIA BIBI VS ASAD KHAN S.5, Sched.---Suit for dissolution of marriage and return of dower (four tolas gold ornaments)---Evidence in a Family Suit---Behavioral approach to be adopted by Family Court---Contention of the plaintiff /wife was that the defendant / husband owned loan to someone for which he snatched from her gold ornaments, promising her that he would purchase them for her later on---Family Court dismissed the claim of the petitioner / plaintiff regarding snatching of gold ornaments and decreed dissolution of marriage and ordered that since decree was being passed on the basis of Khulla, she was liable to return dower (gold ornaments)---Appellate Court maintained the decree---Validity---Spouses love to help each , rather always remain ready to sacrifice for each other as and when an opportunity arises---It is part of our social norms that the first thing a wife would offer to her husband in financial difficulty would be her gold ornaments---As for evidence of such events it is a significant aspect of our family law that there never is and can never be independent and impartial evidence for such purposes like the presence of close relatives like parents, siblings and even children---Many issues between the spouses , ranging from their individual likes and dislikes, to inter and intra family rivalries love and hate, pride and prejudice, envy and jealousy to consideration and decisions about clothing, housing, food, schooling and even financial matters, are seen, discussed and decided by spouses inside their residential room with regard for privacy and secrecy---It is for this reason that Family Courts are required to resolve, instead of to adjudicate, family disputes through a behavioral approach that involves psychological, social and contextual explanations of human behavior in matrimonial relationship---It is, again, for this reason that the formal laws of procedure and evidence are not applicable to family suits---High Court observed that the petitioner succeeded in proving that she had handed over the respondent her gold ornaments, though snatching was not typically proved---While the petitioner discharged her burden of having given her gold ornaments to the respondent, he having admitted her stance in evidence, discernibly failed to prove that he returned the gold ornaments to her---High Court modified the impugned judgment passed by both the Courts to the effect that the petitioner was entitled to repayment of four tolas gold ornaments as her dower which the respondent sold for repayment of his debt, however, in the event of dissolution of marriage by Khula, the respondent was held entitled to be discharged from its repayment---Constitutional petition was disposed of accordingly.

Citation Name: 2023 CLC 2055 PESHAWAR-HIGH-COURTBookmark this Case Mst. NADIA BIBI vs ASAD KHAN S — 2023 CLC 2055 PESHAWAR-HIGH-COURT

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