| Case ID |
10b3a40b-b72d-4e9a-9053-61cebfcae17a |
| Body |
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| Case Number |
Family Appeals Nos. 26, 32 and 33 of 2016 |
| Decision Date |
Mar 15, 2017 |
| Hearing Date |
Mar 15, 2017 |
| Decision |
The court ruled that the Family Court's decision to grant maintenance allowance was not sustainable as the wife voluntarily abandoned her marital home. The court emphasized that a wife is entitled to maintenance only if she is forced to leave due to cruelty or violence. In this case, the wife did not provide sufficient evidence of cruelty. The appeals were consolidated and the initial judgment regarding the maintenance allowance was set aside, while the appeal regarding deferred dower was dismissed. |
| Summary |
The Shariat Court (AJ&K) heard Family Appeals Nos. 26, 32, and 33 of 2016, which addressed the complex issues of maintenance allowance and deferred dower in the context of family law. The key legal framework was the Azad Jammu and Kashmir Family Courts Act of 1993, specifically Section 5, which outlines the conditions under which maintenance is payable. The court found that the wife, Neelum Shaheen, had voluntarily left her husband, Mohammad Sajjad, and thus was not entitled to maintenance. The decision highlighted the necessity for a wife to prove any claims of cruelty to qualify for maintenance. The court's decision is significant as it underscores the legal principles governing marital obligations and the consequences of abandonment. This case serves as a critical reference point for future family law cases within the jurisdiction, particularly concerning the rights and responsibilities of spouses in marriage dissolution cases. Keywords: Family Law, Maintenance Allowance, Deferred Dower, Shariat Court, Azad Jammu and Kashmir, Legal Principles. |
| Court |
Shariat Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMAD SHERAZ KAYANI, JUSTICE
|
| Lawyers |
Syed Nishat Kazmi for Appellants.,
Ch. Mohammad Bashir Tabbassam for Respondents.
|
| Petitioners |
MOHAMMAD SAJJAD AND 2 OTHERS
|
| Respondents |
NEELUM SHAHEEN AND ANOTHER
|
| Citations |
2017 SLD 2564 = 2017 YLR 2481
|
| Other Citations |
Mst. Amreen v. Mohammad Kabir 2014 SCR 504
|
| Laws Involved |
Azad Jammu and Kashmir Family Courts Act, 1993
|
| Sections |
5
|