Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Suit for dissolution of marriage and recovery of maintenance allowance--Decreed--Appeal filed by petitioner was dismissed--Appeal filed by respondent was partially allowed--Modification of --Question of--Physical whether Haveli was actually given and its possession was handed over to respondent--Whether a gift, if given to a bride at time of nikah, can be returned if marriage dissolved on basis of khula--Challenge to/defendant has failed to produce even a single witness to sale consideration rather admitted that amount was transmitted into his account, thus, in such a situation, it has been proved that amount of sale consideration has been received by him and not by respondent/plaintiff--Although marriage was dissolved on basis of Khula but it divulges from evidence that gold in question was given to respondent/plaintiff, besides dower, meaning thereby that same was given to her as gift and it is settled law that gift cannot be reclaimed once given with free will and consent by a donor--Maintenance allowances decreed in favour of minors to tune of Rs. 5000/- per month to each minor by trial Court and affirmed by appeal Court is not open to any exception keeping in view recent price hike--However, this Court deems it appropriate to reduce annual increase in maintenance allowances from 20% to 10%, keeping in view circumstances of case--Impugned and decree of learned appeal Court is modified only to extent that annual increase of maintenance allowances shall be decreased from 20% to 10% while rest of and decree of learned appeal Court shall remain intact--Petition was disposed of. JUDGMENT Petitioner Zahid Akhtar through the instant petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has called in question the judgment and decree dated 05.10.2019 passed by the learned Additional District Judge-V/Model Civil Appellate Court, Haripur, whereby his appeal against the judgment and decree dated 20.03,2018 of the learned Judge Family Court-II, Haripur, was dismissed while that of the respondents/plaintiffs was partially accepted. 2. Succinctly stated fact of the case are that the…

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