If Wife had voluntarily left the house of her husband and she was not entitled to maintenance

If Wife had voluntarily left the house of her husband and she was not entitled to maintenance (Mujjan Ali Panhwar)

--S. 5, Sched---Suit for dissolution of marriage, recovery of maintenance charges and dower---Cruelty---Scope---Cruel attitude was not confined only to the extent of physical violence but it would include mental torture, hateful attitude of husband or other inmates of the house and also included the circumstances in presence of which wife was forced to abandon the house of her husband---Wife had failed to prove cruelty in the present case---Family Court had correctly passed decree on the ground of 'khula'---Husband was bound to pay maintenance charges to the wife till she was faithful to him and lived with him and if she had voluntarily left the house of her husband then she was not entitled to maintenance charges---Wife had voluntarily left the house of her husband and she was not entitled to maintenance charges---Dower once paid could not be demanded for second time---Appeal filed by the wife was partly accepted to the extent of maintenance charges---Decree of maintenance charges passed by the Shariat Court was set aside.
2016 YLR 371
AZHARBASHIR---Appellant
Versus
SADIASHAFIQUE---Respondent