Asif Hussain Shah vs Meem Akhtar Ss — 2026 MLD 328 HIGH-COURT-AZAD-KASHMIR

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Asif Hussain Shah VS Meem Akhtar Ss.5, Sched., 7 & 14---Suit for recovery of dower, maintenance allowance, and return of dowry articles---Maintenance allowance---Entitlement and computation---Wife being ousted from matrimonial home ---Effect ---List of dowry articles not being signed by wife or her counsel, plea of---Burden of proof---Present appeals arose from a consolidated judgment passed by the family court, whereby suits filed by the plaintiff (wife) against the defendant (husband) for recovery of dower, maintenance allowance, and return of dowry articles were decided---Marriage was solemnized with agreed dower of Rs.5,00,000/-, and the plaintiff (wife) was ousted from the matrimonial home and divorce took place---The family court dismissed the suit for dowry articles, decreed dower partly in the form of a house valued at Rs.2,00,000/- and Rs.3,00,000/- in cash, and awarded maintenance at Rs.10,000/- per month from 03.02.2022 till divorce and for the iddat period---Held: The defendant though levelled the allegation of bad character against the plaintiff but he failed to prove the same rather such conduct of defendant was a proof of the fact that his behavior was cruel towards the plaintiff/wife so if wife left the house of husband due to allegations of bad character by the husband, her desertion could not be declared as willful, thus the court below rightly declared the plaintiff entitled to get the dower as well as maintenance allowance---Since the plaintiff herself pleaded in her plaint that after marriage she was re-settled with the defendant many times and lastly she was ousted from home on 03.02.2022, hence the court below rightly declared her entitled to get the maintenance form 03.02.2022---The quantum of maintenance fixed by court below was also justified because the parties agreed that in case of desertion the defendant was bound to pay maintenance of Rs.10,000/- per month---Plaintiff/wife was also entitled to receive the dowry articles mentioned in the list or their depreciation price since the marriage remained valid for four years and plaintiff failed to mention the price of every item separately---Moreover, plea from husband that list of dowry articles was not signed by wife or her counsel had no force---Documenting of dowry articles was not necessary to be proved in strictosensu---Appeal filed by wife was accepted and those filed by husband were dismissed, in circumstances.

Asif Hussain Shah vs Meem Akhtar Ss — 2026 MLD 328 HIGH-COURT-AZAD-KASHMIR

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