Latest veiw If Wife had voluntarily left the house of her husband and she was not entitled to maintenance charges
–S. 5, Sched—Suit for dissolution of marriage, recovery of maintenance charges and dower—Cruelty—Scope—Cruel attitude was not confined only to the extent of physical violence but it would include mental torture, hateful attitude of husband or other inmates of the house and also included the circumstances in presence of which wife was forced to abandon the house of her husband—Wife had failed to prove cruelty in the present case—Family Court had correctly passed decree on the ground of ‘khula’—Husband was bound to pay maintenance charges to the wife till she was faithful to him and lived with him and if she had voluntarily left the house of her husband then she was not entitled to maintenance charges—Wife had voluntarily left the house of her husband and she was not entitled to maintenance charges—Dower once paid could not be demanded for second time—Appeal filed by the wife was partly accepted to the extent of maintenance charges—Decree of maintenance charges passed by the Shariat Court was set aside.
Syed Shujahat Hussain Kazmi v. Mst. Nazish Kazmi 2007 CLC 1771; Zohra Bi v. Muhammad Saleem and others 2005 YLR 896; Boota and another v. Muhammad Sadiq and 4 others 2001 MLD 265; Mst. Sabia Naz and another v. Mir Rustam and 2 others 1999 MLD 1763; Abid Hussain v. Additional District Judge, Alipur, District Muzaffargarh and another 2006 SCMR 100; Abdul Hafeez v. Shamaila Bibi and 2 others 2013 MLD 1148; Muhammad Sabil Khan and another v. Saima Inshad 2014 SCR 718; Abdul Khailq v. Sidra Khaliq and 3 others 2014 SCR 280; Mst. Amreen v. Muhammad Kabir 2014 SCR 504; Muhammad Ashfaq v. Mst. Aqsa and 3 others 2009 SCR 167; Muhammad Ramzan v. Umran Khan 1995 CLC 1947; Muhammad Ajaib v. Tasleem Wakeel 2013 MLD 305 and Firdos Bakhat v. Javed Khan through Attorney and another 2005 PCr.LJ 988 ref.
2016 Y L R 371
[Supreme Court (AJ&K)]
Before Mohammad Azam Khan, C.J., Ch. Muhammad Ibrahim Zia and Raja Saeed Akram Khan, JJ
Civil Appeal No.214 of 2014