Khula ki Iddat in Law:
For khula ki iddat in law is 90 days. The record showed that after the recitation of Nikah, the wife never refused to effect union and perform her marital obligations; instead, the husband himself refused to obtain Rukhsati on the pretext that he had to complete his studies and ultimately divorced the wife. Courts below had rightly decreed that wife’s suit for maintenance allowance from the date of Nikah till the date of divorce and for the period of iddat(khula ki iddat).
No factual or legal infirmity having been found in the judgment and decree of Appellate Court, a constitutional petition was dismissed. Denial of the relationship of husband and wife. Where the relationship of the husband and wife are denied vis-à-vis the legitimacy of children, it must probe the matter in detail the witnesses of Nikah, the persons who had physically and practically participated in the marriage should be examined. The principle that a child follows the bed needs to be strictly followed unless proved otherwise.
Dower and maintenance:
Dower and maintenance allowance, recovery of the record revealed that the wife had sought recovery of possession agricultural property and constructed house as contention, given to her instead of her dower(khula ki iddat). In his written statement, Husband-defendant admitted that he had given his share of his ancestral property to the wife and constructed a house. Factum of deed dated 16.3.1985, based on which it had paid dower, was denied.
(khula ki iddat)Petitioner/husband had also asserted that he jointly owned the house with brothers, and it paid the Amount to the extent of her share in the house to her. In his written statement, Petitioner had admitted the fixation of dower but had taken the stance that the respondent-wife to whom it transferred the property, instead of dower, had alienated it to another person.
Respondent/wife, while appearing as a witness, Respondent/wife had reiterated the factum of fixation of dower and non-payment thereof, which portion of the statement remained un- rebutted, which would be considered to have been admitted. Similarly, the respondent-wife had received the Amount of share in the house. She could never transfer it to another person. Petitioner/husband could not produce any evidence regarding payment of share in the house to the respondent-wife. Petitioner/ husband had failed to prove any property, either constructed or otherwise, was given to the respondent-wife(khula ki iddat).
The constitutional petition being without any merit was dismissed in limine—duty of the appellate Court. Appellate Court, in family matters, is the last court, in the realm of facts and controversy resolved by it, which is not amenable to further appeal, review, or revision. The court should not dispose of the matter in one line, evidence of witnesses of the defendant not believable as they had denial total claim of the plaintiff in a basic manner.” No piece of evidence is to be left out from consideration.