| Citation(s) |
|---|
| 2011 SLG 574 2011 SLD 574 2011 CLC 406 |
Civil First Appeals Nos. 9 and 5 of 2009, decision dated: 2-11-2010
MUZAFFAR ALI, J
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ZAFAR IQBAL
VS
Mst. NAGINA BEGUM
Law:
Section:
(a) Islamic law-------Suit for recovery of dower money---Plaint showed that plaintiff had claimed Rs.50,000 as dower amount, but the Trial Court decreed the suit to the tune of Rs.80,000---No explanation was available in the impugned as to how the Trial Court extended the decree to the tune of Rs.80,000---Impugned decree passed by the Trial Court was modified by reducing same to Rs.50,000 as prayed for by the plaintiff. (b) Islamic law--- ----Suit for recovery of price of dowry articles---Plaintiff (wife) had given a list of her dowry articles in the plaint, which she left in the house of defendant (husband), while she was forced to leave his house by mother of the defendant---Defendant had admitted the fact that the dowry articles were in his house, but he contradicted on the price fixed by the plaintiff as to be more than the value---Defendant offered the plaintiff to fetch the same---Offer of the defendant was not proper as plaintiff lady who after marriage went to other city having long distance could not be compelled to revisit the house of defendant after dissolution of her marriage for collecting dowry articles, while relation was broken and she had gone to her father's home---Defendant was, liable to return and deliver the articles to the lady at the place she resided. (c) Islamic law--- ----Suit for maintenance amount---Trial Court had refused the grant of maintenance money in favour of the plaintiff, but without cogent reasons---Defendant had admitted in his written statement that the plaintiff had to leave her husband's house as a result of quarrel with her mother-in-law, when the defendant was out of his house at place of his posting--Statement of the defendant was sufficient to infer that plaintiff lady being steriled, might have faced taints and mental tortures from her mother-in-law as psyche of a mother in such a situation could be expected---Version of the lady was more believable than that of the version taken by the defendant, that the lady 'left the house with her free consent---Defendant was liable to pay maintenance money fixed Rs.2,000 per month from the date she was forced to leave his house up to the last date of Iddat. Manzoor Ahmed…
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