Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Delivery expenses--Maintainability--Suit for recovery of maintenance allowance, maternity/medical expenses and dowry articles--Entitled to maintenance @ Rs. 800/- only for the period of iddat whereas the minor was entitled to maintenance @Rs. 1200/- p.m. till he attains the age of majority and after deduction of the interim maintenance already paid--Delivery expenses and treatment expenses of minor was allowed--Wife was found entitled to recovery of dowery article of a propose the list attached by her and gold ornaments were excluded--Both the parties preferred appeal before First Appellate Court--Maintenance was increased from Rs. 1200/- to Rs. 3,000/- till attaining the age of majority and value of dowry articles was increased--Challenge to--Validity--Enhancement in the maintenance allowance is justified as Rs. 3000/- p.m. barely covers the expenses of a growing school going child in these days of double digit inflation--As far as the delivery expenses is concerned--There are two matters to be addressed--First one is that either inadvertently as knowingly the petitioner has considered the figure as maintenance at least this is what he is terming it in the writ petition as well as in his submissions--This is a one time payment which is the delivery expenses--Second point that is needs to be clarified that delivery expenses are not limited to the expenditure of the actual birth in hospital or elsewhere, they also pertain to preparation for expected baby--Petition was dismissed. Delivery Expenses-- ----Delivery expenses were not limited to the expenditure of the actual birth, in hospital or elsewhere--Held: Babies were not taken home from hospitals wrapped in newspapers as a lot of items need to be brought for the use of the baby after the birth, things like clothes, feeding bottles, formulae, bedding--All these were part of the delivery expenses too and it was the duty of the father as the provider foot the bill for the basic necessities of his child--Thereafter, he had to pay maintenance, as decided by Courts, if the matter be in litigation. THIS ORDER PASSED BY: JAMILA JAHANOOR ASLAM,…

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