Judgment reserved in divorce-dowry battle

Petitioner seeks to retrieve dowry items from 'abusive' ex-husband

ISLAMABAD:

The Islamabad High Court has reserved its judgment on a woman's petition regarding the return of dowry items after divorce.

Justice Mohsin Akhtar Kayani heard the woman's petition against her ex-husband. The court directed the petitioner to present her own arguments in the absence of her lawyer. Justice Kayani inquired, "Where do you work?" To which the petitioner replied that she had previously worked in the Air Force. The court said that since she had been in the Air Force, she was capable of elaborating on the details of her case.

The woman then explained that she had bought her dowry items with her own income. She said that her ex-husband used to subject her to physical violence, which is why she left him. However, her ex-husband refused to return her dowry items. The court inquired, "Why did you not take your dowry items with you right after separation?"

The woman responded by saying that she was staying inside the base and that the management there was not allowing her to take her belongings. "They did not even give me money for the belongings," she said.

The court asked her if it was the base commander who did not allow her to take her belongings. The woman explained that the house she was staying in was allotted to her ex-husband, and when she approached the base commander, he told her to approach the court.

The defendant's counsel said the trial court had ordered him to pay 30 per cent of the amount and the appellate court overturned that decision. Justice Kayani remarked that the main question was whether the working woman had purchased her own belongings. "If the parents of the bride choose to give her money instead of dowry, that money is still considered as dowry," he said.

The lawyer argued that the petitioner was unable to present any proof of purchase in the trial court and the appellate court. "We have already paid the maintenance allowance," he said. The woman made the counter argument that her ex-husband had not produced any receipts for the goods either.

The petitioner argued that her children were 10 and seven years old and lived with their father. The court asked her if she left her job out of fear of them. She replied that she did not leave out of fear and that her ex-husband had used his influence to force her out of her job. The court reserved its judgment after hearing the arguments.