Mehnaz Saleem vs Kashif Iqbal Ss — 2026 YLR 1338 LAHORE-HIGH-COURT-LAHORE

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Mehnaz Saleem VS Kashif Iqbal Ss.5, 6 & 7---Family Courts Act (XXXV of 1964), S.5, Sched.---Suit for recovery of maintenance, deferred dower, and dowry articles---Wife expelled shortly after marriage---Concealment of prior marriages---Subsequent unlawful polygamy---Valid subsisting marriage---Effect of separation; if any---Petitioner (wife) filed a suit for recovery of maintenance, deferred dower and dowry articles, which was partially decreed by the Family Court but modified by the Appellate Court by denying maintenance and dower and reducing dowry value---The dispute arose from allegations of concealment of prior marriages, unlawful polygamy, and expulsion of the petitioner shortly after marriage---The core issue for determination before the High Court was whether the petitioner, in absence of proven divorce but in presence of unlawful polygamy and forced separation, was entitled to maintenance, immediate payment of deferred dower, and full recovery of dowry articles?---Held: The fact of non-disclosure of second marriage and subsequently contracting fourth marriage by the respondent was established on the record---This provided a lawful excuse to the petitioner to raise the issue of concealment and cheating with the respondent---Under these circumstances, her expulsion by the respondent could not be attributed to her in absence of any cogent evidence produced by the respondent to establish that the petitioner left the house without lawful cause---Hence, the respondent as husband had the legal and moral obligation to maintain his wife---In light of the established fact that the petitioner was separated from the respondent within one month of the marriage and had since been residing apart and there being no convincing proof that such separation was due to her own misconduct or disobedience, she was legally entitled to receive maintenance allowance---As such, she was entitled to receive maintenance allowance @ Rs.15,000/- per month w.e.f. 27.12.2021 i.e. one month after the date of marriage till her legal entitlement with 10% annual increase---Since the respondent contracted marriage without fulfilling the mandatory legal requirement, the liability to pay the entire deferred dower had become due, irrespective of the subsistence of the marriage between the parties---Instead of allowing the claim viz. dowry articles in its entirety, the Family Court rightly exercised judicial caution and awarded only those dowry articles which were satisfactorily established, or in the alternative, their assessed depreciated value amounting to Rs.1,000,500/----Petitioner was held entitled to recover maintenance allowance @ Rs.15,000/- per month since 27.12.2021 with 10% annual increase till her legal entitlement and deferred dower Rs.1,000,000/-; she was also held entitled to recover her dowry articles as decreed by the Family Court---Constitutional petition filed by the respondent/husband was dismissed and constitutional petition filed by the petitioner/wife was partially allowed, in circumstances.

Mehnaz Saleem vs Kashif Iqbal Ss — 2026 YLR 1338 LAHORE-HIGH-COURT-LAHORE

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