Wife would not be deprived of dower once the ground for dissolution of marriage is proved.
The contention of the learned counsel for the petitioner that
due to hate and aversion on the part of the wife, she is not entitled for
dissolution of marriage, could not persuade us, for the reason that once it was
found that the aversion was the result of the maltreatment of husband;
non-payment of dower; non-maintenance; or any other genuine ground provided in
law, she would not be deprived of her dower and maintenance. Marriage shall be
dissolved on the basis of Khulla, when the wife is determined not to live with
her husband because of her hatred for him and without any fault of the part of
the husband. Due to the conduct and cruel attitude of the petitioner, it will
not be possible for the respondent to live with him within the limits
prescribed by Almighty Allah and thus she could not be deprived of her dower
debt and other rights. Gul Hassan v. Mst. Nasreen Akhtar (2014 Y L R 1743) by
Khan, J. Rooh-ul-Amin
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