Citation Name: 2023 CLC 244 PESHAWAR-HIGH-COURTBookmark this Case Mst. SAFINA NOOR vs MUHAMMAD AYUB S

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Citation Name: 2023 CLC 244 PESHAWAR-HIGH-COURTBookmark this Case Mst. SAFINA NOOR VS MUHAMMAD AYUB S.5, Sched.---Snatching of gold----Burden to prove---Refusal to take special oath---Payment of 04 tolas gold ornaments of dower had not been disputed---Petitioner(wife) appeared as witness and also in her plaint admitted the delivery of gold ornaments which she wore at the time of her marriage but failed to prove the snatching of the same---In her cross-examination she refused to accept the proposal of special oath about snatching of gold ornaments---In her cross-examination petitioner stated that there was no evidence regarding snatching of gold ornaments---Petitioner had failed to prove the snatching of gold ornaments, in circumstances. Citation Name: 2023 CLC 244 PESHAWAR-HIGH-COURTBookmark this Case Mst. SAFINA NOOR VS MUHAMMAD AYUB S.5, Sched.---Past maintenance for minor daughter---Obligations of the father---Scope---Father is bound to maintain his minor daughter until she is married---Father is bound to maintain their progeny---In the Quran much stress has been laid on the obligation of the parents toward their children---Father is bound to maintain his minor daughter. Citation Name: 2023 CLC 244 PESHAWAR-HIGH-COURTBookmark this Case Mst. SAFINA NOOR VS MUHAMMAD AYUB S.5, Sched.--- Dower---Burden to prove---Photo copy of Nikahnama---Wife filed suit for recovery of dowered property, gold ornaments, past maintenance for herself and minor daughter and recovery of dowry articles before the Family Court---Husband appeared and filed written statement and also prayed for restitution of conjugal rights ---Family Court decreed the suit of wife---Appellate Court partially allowed both appeals filed by wife and husband against decree of Family Court---Validity----Wife's claim was that her marriage with the husband was solemnized and her dower was fixed as 04 tolas gold ornaments, 10 marlas plot and a constructed house by husband---Wife failed to produce original Nikahnama---Wife neither produced Nikah Khawan nor Nikah Registrar nor any witness of the Nikahnama to substantiate her claim---Copy of Nikahnama was never exhibited but was marked, because it was a photocopy---Witnesses produced by the wife after recording their examination-in-chief had absented themselves and were never cross-examined, due to that reason their evidence could not be looked into---Wife never applied to produce secondary evidence in order to prove Nikahnama----Husband in his cross-examination stated that 04 tolas gold ornaments were fixed as dower and the same had been paid to wife and he also admitted that one house was also given to wife for residence---Husband stated that house was meant for residence purposes---Further in cross-examination he had stated that he was ready to take his wife along with him as he loved her very much---Wife had proved the dower in shape of house whereas failed to prove through evidence about dower in shape of 10 marals---Constitutional petition was dismissed. Citation Name: 2023 CLC 244 PESHAWAR-HIGH-COURTBookmark this Case Mst. SAFINA NOOR VS MUHAMMAD AYUB S.5, Sched.---Past maintenance for wife---Refusal of wife to rehabilitate with husband----Self desertion by wife---Wife as well as her minor daughter claimed past maintenance and recovery of dowry articles as per list annexed with the plaint or its market value-Wife in her plaint averred that gold ornaments were snatched by her husband and she was ousted in her wearing apparel but she failed to substantiate her claim and also failed to produce any witness in that regard---Wife failed to produce evidence regarding beating and ousting her from the house of husband---Wife had also failed to prove the cruelty on behalf of husband, while husband had stated the date his wife left his house---Husband himself appeared as witness and produced three witness in support of his version---One of the witnesses who was paternal uncle of husband and wife, stated that he went to wife for the purpose of reconciliation/rehabilitation but she was not ready ---Another witness from husband side stated that for the purpose of rehabilitation of wife, husband accepted all the conditions of his wife in order to rehabilitate but later on she refused to live with husband---Third witness who was also neighbour of the wife stated that he was part of Jirga, which went to the house of wife for reconciliation; that certain conditions came forward from wife's side, which were accepted by husband but even then the wife was not ready to live with husband---All the three witnesses were cross-examined but nothing came out which favoured the wife---Wife during her cross-examination admitted the sending of Jirga by husband; she had also stated that Jirga sent by husband was not accepted by her---Version of husband regarding self desertion of wife was proved---Husband was bound to maintain his wife as per his resource but wife must fulfil her obligation towards her husband---Wife was not willing to fulfil her obligations towards her husband without any lawful justification, so she was not entitled for past maintenance.

Citation Name: 2023 CLC 244 PESHAWAR-HIGH-COURTBookmark this Case Mst. SAFINA NOOR vs MUHAMMAD AYUB S — 2023 CLC 244 PESHAWAR-HIGH-COURT

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