Khula, Dower, and Maintenance: Nadia Bibi vs. Asad Khan

Table of Contents

1. Case Overview
2. Background and Claims
   • Petitioner’s Claims
   • Respondent’s Defense
3. Trial Court Proceedings
4. Appeal Outcomes
5. Findings by Dr. Khurshid Iqbal, J.
   • Gold Ornaments
   • Cruelty Allegation
   • Maintenance During Iddat
6. Final Decree
7. Conclusion

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1. Case Overview

Case: Mst. Nadia Bibi vs. Asad Khan
Presiding Judge: Dr. Khurshid Iqbal, J.

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2. Background and Claims

Petitioner’s Claims:

• The petitioner, Nadia Bibi, married the respondent, Asad Khan, in 2014.
• After three years, she filed a suit seeking:
  • Dissolution of marriage (khula)
  • Return of 4 tola gold ornaments
  • Recovery of dowry articles
  • Maintenance allowance of Rs. 10,000 per month for eight months

Respondent’s Defense:

• Denied allegations of cruelty and snatching of gold ornaments.
• Contested claims regarding maintenance and dower.

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3. Trial Court Proceedings

• The trial court framed 12 issues and attempted reconciliation, which failed.
• After recording evidence and arguments, the court passed a decree in favor of the petitioner.

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4. Appeal Outcomes

• Petitioner’s Appeal: Partially accepted.
• Respondent’s Appeal: Dismissed.
• The appellate court granted the petitioner a decree for the recovery of dowry articles.

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5. Findings by Dr. Khurshid Iqbal, J.

Gold Ornaments:

• The petitioner’s claim of “snatching” was not strictly proven.
• Evidence established that the petitioner willingly gave the ornaments to repay the respondent’s debt.
• The respondent failed to prove the return of the ornaments.
• Social norms suggest wives often offer gold ornaments to assist husbands financially.

Cruelty Allegation:

• No evidence of physical or mental cruelty by the respondent.
• Psychological strain due to in-laws’ behavior was recognized.
• A conducive environment from in-laws is essential, especially when the husband is absent.

Maintenance During Iddat:

• Petitioner entitled to maintenance at Rs. 5,000 per month for the iddat period.
• Past maintenance claims were not established.

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6. Final Decree

1. Gold Ornaments:
   • Repayment acknowledged but waived upon khula.
2. Maintenance:
   • Granted at Rs. 5,000 per month for the iddat period.
3. Dowry Articles:
   • Recovery confirmed per the appellate decision.

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7. Conclusion

This judgment balances legal principles with social context in matrimonial disputes. The petitioner’s claims were partially upheld, ensuring fair relief under family law provisions.