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

Immovable property gifted to wife entered in nikahnama

section 5 family court act (XXXV of 1964) immoveable property gifted to wife and entered in Nikahnama– Jurisdiction of fmaily court– wife filed suit for maintenance and dower amount– family court decreed the suit allowing maintenance to both wife and minor with annual increase, alongwith recovery of  property gifted by husband — Appellant court dismissed the appeal of parties except disallowing annual increase in maintenance of the wife — contentions raised by husband were that wife having been divorced was not entitiled to any maintenance and that the porperty gifted to wife could only be claimed trhough civil suit. 

validity– suit for recovery of dower as well as personal property and belongings of wife came within domain of famiy court under schedule part I of Family courts Act 1964 — Property gidted to wife had come within difinition of personal property and beloingings of wife. husband and his father has admitted to have the property gifted to to wife and entred the description of khasra numbers in Nikkah Nama, which was sufficiet to negate their contention that family court was not cometent to decree the suit.. Husband had alledged to have divorced the wife in presence of witnesses in Jirga meeting but he failed to mention date of divorce and holding of said jirga but the wife had admitted that matter of divorce had been put before Mufti Sahib who had given fatmwa that divorce had been taken place which was sufficient to establish talaq between parties– talaq cold be announced orally and could be in written form but when husband has taken specific stance then it was his duty to prove the same — date of sending of notice to chariman of union council could be be proved– date of prouncement of talaq could be taken when written statment had been filed– wife was entitled to maintenance till completion of iddate period — no illegality irregularity misreading and non-reading of evidence could be pointed petition was dismissed in circumstances

2016 YLR 765