2025 PLP 705 (YLR)

Shahid Bilal Hassan, J.

Precisely, the respondent No.3 instituted a suit for recovery of maintenance allowance, dowry articles and delivery expenses against the petitioner which was duly contested by him while submitting written statement. The divergence in pleadings of the parties was summed up into issues. Both the parties led their oral as well as documentary evidence. After hearing final arguments, the learned Trial Court vide judgment and decree dated 14.05.2019 partly decreed the suit in the following terms:

1. Suit for recovery of past maintenance allowance of plaintiff is hereby dismissed. However, she is entitled to get recover maintenance allowance from the date of institution of suit till iddat period @ Rs. 5,000/- per month.

2. Suit for recovery of dowry articles plaintiff is hereby partially decreed and she is entitled to get recovered dowry article mentioned that serial Nos.1 to 10, 12 to 17, 19 to 21, 25 to 32, 36 to 44 or their alternate amount of Rs. 1,60,000/,

3. Suit for recovery of medical expenses is hereby dismissed.

2. Aggrieved of the said judgment and decree, both the parties preferred their separate appeals and the learned Appellate Court vide impugned consolidated judgment and decree dated 03.09.2019 dismissed the appeal preferred by the present petitioner whereas modified the judgment and decree of learned Trial Court only to the extent of increase of maintenance allowance of respondent No.3 i.e. from 5,000/- to Rs. 10,000/-. Hence, the instant constitutional petition.

3. Heard. Record perused.

4. After hearing the arguments and going through the record, it is observed that the learned appellate Court after evaluating pleadings of the parties as well as evidence brought on record by them has rightly adjudicated upon the matter in hand. A Muslim husband is duty bound to maintain his wife during the subsistence of marriage including period of iddat. The learned Appellate Court, keeping in view the financial status of the petitioner as well as needs of a woman, has rightly awarded the maintenance allowance at the rate of Rs. 10,000/-, which is not exorbitant, from the date of institution of suit till period of her iddat. Findings to this extent need no interference, which are upheld.

5. While determining the question of dowry articles, the status of the parties has also to be kept in mind. In the present case, the respondent No.3 could not bring on record any evidence showing that her parents were enjoying good financial status and they were capable of giving dowry articles worth Rs.4,48,060/-. There is no denial of the fact that in our society the parents of the bride give dowry articles to their daughters at the time of marriage as per their financial status. However, petitioner has badly failed to prove that she was awarded dowry articles as prayed for. Hence, while keeping in view the peculiar facts and circumstances of the case in hand as well as by applying principle of depreciation/wear and tear, the learned Courts below have rightly held the respondent No.3 entitled to recover dowry articles as per mentioned at serial Nos.1 to 10, 12 to 17, 19 to 21, 25 to 32, 36 to 44 or their alternate amount of Rs.1,60,000/- or their alternate amount of Rs.1,60,000/-

6. As such there appears no jurisdictional defect or legal infirmity in the impugned consolidated judgment and decrees passed by the learned Appellate Court warranting interference by this Court in exercise of extraordinary constitutional jurisdiction. Resultantly, the constitutional petition in hand being without any force and substance stands dismissed. SA/A-59/L Petition dismissed.