Immovable property gifted to wife entered in Nikahnama

section 5 family court act 1964

pronouncment of talaq- mode and proof -immoveable property gifted to wife and entered in Nikah nama–jurisdiction of family court -wife filed suit for maintenance and dower amount –family court decreed the suits allowing maintenance to both wife and mnor with annual increase, alongwith recovery of properyt gifted by husband — appellant court dismissed the appeal of parties except disallowing annual increase in maintenance of minor and enhacning maintenance of the wife — contentions raised by husband were that wife having been divorced was not entitled to any maintenance and that the property gifted to wife could only be claimed through civil suits… validity– suits for recoery of dower as well as persoanl property and belongings of wife came within domain of family court under schedule Part I of Family courts Act 1964– property gidted to wife had come within definiaiton of personal property and belonging of wife — husband and his father has admitted to have the property gifted to wife and entered the decroption of khasra numbers in Nikkah Nama which was sufficient to negated their contention that family court was not competent to dcree the suit — husband had alledged to have divorced the wife in presence of witnesses in jurge meeting but he falied to mention date of divorce and holding of said jirga but ehe wife had admitted that matter of divorce had been put beofre Mufti Sahib who had given Fatwa that divorce had taken place, which was sufficient to establish talaq between parties — Talaq could be announced orally and could be in wirtten form but when husband has taken specific stance thwn it ws his duy to prove the same — date of sending of notice to chairman of union council could be proved– dated of prounucement of talaq could be taken when written statment had been filed— wife was entitled to maintenance till completion of iddat period — NO illegality, irregularity misreading and non reading of evidence could be pointed out.. CP was dismissed..

2016 YLR 765