| Citation(s) |
|---|
| 2013 SLG 2489 2013 SLD 2489 2013 YLR 852 |
Lahore High Court
Writ Petition No. 22339 of 2010, heard on 15th December, 2011
MALIK SHAHZAD AHMAD KHAN, J
Ch. Muhammad Aslam for Petitioner. Shahbaz Ali Khan for
Respondents Nos.3 and 4
Writ Petition No. 22339 of 2010, heard on 15th December, 2011
MALIK SHAHZAD AHMAD KHAN, J
Ch. Muhammad Aslam for Petitioner. Shahbaz Ali Khan for
Respondents Nos.3 and 4
SHAKIL MEHMOOD through Special Attorney
VS
DISTRICT JUDGE, SIALKOT and 3 others
Law:
Section:
West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5 &Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Recovery of dower, dowry articles, maintenance allowance and delivery expenses---Concurrent findings of Trial Court and Appellate Court by which decree for maintenance for son, recovery of dower amount and dowry articles was passed in favour of the wife (respondent)---Husband (petitioner) in his petition did not challenge the quantam of maintenance allowance as fixed by courts below but objected to the 20% annual increase in the said allowance---Husband also contented that dowry list was not signed by him or his representative and list of dowry articles exhibited in the court did not mention their prices---Validity---Petitioner had failed to produce his salary slips to establish his contention that 20% annual increase in maintenance allowance was beyond his means---Minor son was a 'special child' because of which wife had to incur a lot of expense on his medical treatment---Such fact was also admitted by one of petitioner's witnesses, in view of which 20% annual increase in maintenance allowance was rightly fixed by courts below---Wife had proved the list of dowry articles, as the same was signed by her and she had also produced different receipts regarding the purchase of said dowry articles---Husband having failed to point out any illegality or irregularity in concurrent findings of Trial Court and Appellate Court below, his petition was dismissed. Tauqeer Ahmad Qureshi v. Additional District Judge, Lahore and 2 others PLD 2009 SC 760 distinguished. JUDGMENT MALIK SHAHZAD AHMAD KHAN, J.--This petition has been filed to challenge the impugned judgment and decree dated 15-4-2010 passed by the learned Judge Family Court, Sialkot, as well as, against the impugned judgment and decree dated 8-6-2010 passed by the learned District Judge, Sialkot. 2. As per brief facts of the present case, respondents Nos. 3 and 4 filed a suit for recovery of maintenance allowance at the rate of Rs.25,000 per month, per head, dower amount of Rs.60,000, delivery charges of Rs.51,000 and for recovery of dowry articles or in the alternative for recovery…
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