Case Details

Citation(s)
2012 SLG 1482 2012 SLD 1482 2012 SCMR 671
Supreme Court of Pakistan
Civil Petition No.1829-L of 2011, decision dated: 21st February, 2012 (On appeal from judgment dated 4-8-2011 of the Lahore High Court, Lahore, passed in W.P. No.7385 of 2010)
JAWWAD S. KHAWAJA AND AMIR HANI MUSLIM, JJ

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KHADEEJA BIBI and others

VS

ABDUL RAHEEM and others

Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5---Suit for recovery of dowry articles and maintenance allowance for minors---Increase in maintenance allowance---Principle---Dispute was with regard to automatic increase in maintenance for minor children and dowry articles---Mother of minor children wanted to lead evidence in the form of financial statistics including Sensitive Price Index (SPI) to persuade Family Court to grant annual increase in line with such statistical data---Validity---No factual basis were brought on record to justify such annual increase---Supreme Court set aside s and decrees passed by High Court and Lower Appellate Court and remanded the case to Family Court with directions to frame specific issues relating to dowry articles as well as enhancement of maintenance awarded to minor children and decide the matter afresh after recording of evidence--- Appeal was allowed. Ch. Muhammad Anwar Ghumman, Advocate Supreme Court for Petitioners. Kh. Muhammad Saeed, Advocate Supreme Court and Ms. Tasneem Amin, Advocate-on-Record for Respondent No.1. Date of hearing: 21st February, 2012. ORDER JAWWAD S. KHAWAJA, J.---Notice was issued to the respondents on 11-11-2011 in the following terms:-- "The petitioner No.1 Khadeeja Bibi was formerly married to Abdul Raheem respondent No.1. The petitioners filed a consolidated suit seeking maintenance for the three children as well as return of dowry articles claimed by the petitioner No.1. The trial Court vide judgment dated 19-11-2009 decreed the suit for maintenance but did not pass the decree for articles of dowry or the value in lieu thereof. On appeal, the learned Additional District Judge vide judgment dated 23-2-2010 reduced the maintenance per child and also allowed the claim of the petitioner No.1 for articles of dowry to the extent of the value of Rs.1,50,000. The respondent filed Writ Petition No.7385 of 2010 which has been allowed. As a consequence, the decree for articles of dowry has been set aside on the ground that no issue in respect thereof was framed by the trial Court. 2. Learned counsel has firstly contended that issue No.2 did encompass the question of articles of dowry. This…
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