Citation Name: 2024 PLD 25 PESHAWAR-HIGH-COURTBookmark this Case TAUHEED FAROOQI vs FAIQA ANMOL S

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Citation Name: 2024 PLD 25 PESHAWAR-HIGH-COURTBookmark this Case TAUHEED FAROOQI VS FAIQA ANMOL S. 5, Sched.---Suit for dissolution of marriage and recovery of dower---Khula---Return of dower---Scope---Conduct of the husband---Scope and effect---Plaintiff/wife claimed the dower (ten tolas gold ornaments and one-third share of the house) against the defendant/ husband on the basis Kabeen Nama (marriage-deed)---Family Court decreed the dower the petitioner/plaintiff prayed for, which judgment and decree was maintained by the Appellate Court---Contention of the petitioner/defendant that the respondent recorded her statement before the Family Court wherein she prayed for dissolution of marriage on the basis of Khula, therefore, she was not entitled to claim any right on the basis of Kabeen Nama/Marriage-deed---Held, that relevant order-sheet revealed that after the statement of the respondent, the Family Court observed that, in view of dispute regarding payment of dower, the same would be decided after completion of evidence---Portion of the statement of the respondent recorded in the witness-box showed that she was ready to join her husband subject to his good behavior and fulfillment of her rights as per the marriage-deed---Petitioner, instead of fulfilling valid demands of the respondent, contracted second marriage, which reflected his conduct and the respondent could not be forced to relinquish her rights---Holy Quran had done away with every custom of pre-Islamic times depriving women of their rights including dower whereby when a man lost interest in his wife, he would to harass her to the extent that she would forego her rights including her dower---By using such pretext, on one hand, the marriage would be dissolved on the basis of Khula and on the other hand, the wife would be compelled to return what she was given at the time of marriage---Family Court, after the recording evidence and truly appraising the same, decreed the dower the plaintiff prayed for---No illegality or infirmity was found in the impugned judgment passed by the Appellate Court---Constitutional petition was dismissed, in circumstances.

Citation Name: 2024 PLD 25 PESHAWAR-HIGH-COURTBookmark this Case TAUHEED FAROOQI vs FAIQA ANMOL S — 2024 PLD 25 PESHAWAR-HIGH-COURT

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