If subjected to cruelty, mental torture

PESHAWAR: The Peshawar High Court (PHC) has declared that wife is entitled to dower and dowry articles on dissolution of her marriage on the basis of cruelty and mental torture that leads to depression.

In a detailed judgment, a copy of which is available with The News, a bench headed by Justice Muhammad Nasir Mehfooz declared that spouse is entitled to dower and dowry articles on dissolution of her marriage on account of cruelty and mental depression.

“In view of the facts of the case an appeal filed against the decisions of subordinate courts that a wife is not entitled for a dower and dowry articles on the basis of cruelty is hereby dismissed,” the bench passed the order.

The bench upheld the decisions passed by the family court and district court in the case. The court also dismissed the husband plea for restitution of the conjugal rights.

As per the judgment, Farhana Bibi had filed a suit against her husband Muhammad Raziq at a family court in Khwazakhela in Swat district for dissolution of her marriage on account of cruelty and mental depression, recovery of dower three and quarter (3 ¼) tola gold ornaments or its market price, recovery of dowry articles amounting to Rs80,000 and maintenance allowance Rs6,000 per month from September 30, 2014 till decision of the case and completion of the “Iddat” period.

It was stated that the ‘nikah’ between the parties took place in 2003 on five tolas gold ornaments while the ‘rukhsati’ was performed in 2004.

It said that she has been given gold ornaments in shape of 1 3/4 tola gold, while rest of the dower weighing (3 1/4) tolas are still outstanding against the defendant/ petitioner.

“Initially the relationship between the spouses remained cordial and out of their wedlock they were blessed with three children. The plaintiff after one year of her marriage was shifted to Karachi by the husband and she was subjected to severe torture and mental depression by the defendant/ petitioner and as per her version she has been given oral Talaq/ divorce several times. Despite that she has been put to forceful cohabitation by her husband/ petitioner, which is against norms of Sharia and law of the land,” the judgment said.

It said the wife had developed such hatred against her husband that instead of living with her husband as wife, she would prefer death; therefore, in such unbearable circumstances she knocked the doors of the family court for redressal of her grievances by way of present family suit.

It was stated that during trial of the suit, Mohammad Raziq, the husband, contested the suit. Besides, it said husband has also made a prayer for restitution of the conjugal rights (resettlement with his wife).

It said that the family court on November 25, 2015 partially allowed the family suit of Farhana Bibi and she was held entitled to the extent of dissolution of marriage, dower three (3) tolas gold or its market price and maintenance allowance of Rs3,000 per month for Iddat period (3 months).

It said that the district court then dismissed the appeal of the husband against which he appealed in the high court.

The bench submitted that findings of the trial court in respect of dower amount, the wife as witness in her statement reiterated the stance taken in the plaint (suit).

It said that though she was cross-examined on behalf of the opposite side at length but the probative worth of her statement in respect of the maltreatment at the hands of her husband and factum of unpaid dower could not be shattered.

“Though the wife has failed to prove her cruelty at the hands of her husband, but she had developed such enormous hatred against her husband that it is in the evidence that she would prefer death instead of living as wife with the petitioner husband. Therefore, the findings of learned trial court duly affirmed by the learned appellate court in respect of dissolution of marriage on account of ‘khula’ and grant of decree of dower are in accordance with law in the light of facts and circumstances of the present case,” the judgment said.

In the case Muhammad Zahir Khan appeared for the petitioner and Akhtar Munir for Farhana Bibi.