Law: Family Courts Act, 1964

Section: 14

  Family Courts Act, 1964 (XXXV of 1964)-----S. 14--Suit for recovery of maintenance allowance, dower amount--Decreed to extent of maintenance allowance, dower amount and dowry articles--Appeal--Accepted--Finding of trial Court were reversed--Entries of Nikahnama were not challenged by petitioner--Second marriage of petitioner--Findings of trial Court were not challenge by respondent--Challenge to--Counsel for petitioner had not referred to any material to show that petitioner challenged entries of Nikah Nama before relevant forum, thus he could not take premium of inaction on his part--According to own showing of petitioner he had earlier marriage, thus, spending of first night of marriage in house of his paternal uncle was understandable, thus, said fact could not be used to believe that dowry articles were not given to respondent No. 1--Findings of both Courts below on point of dowry articles did not warrant any interference by High Court--When a person enjoys bliss of more than one wife he is bound to maintain his wives and children in a befitting manner--Respondent did not bother to challenge findings of trial Court on point of maintenance for minor, she could not claim increase in maintenance more than that decreed by trial Court--Petition dismissed.PLD 2004 Lahore 316.JUDGMENT:Through this single judgment, I intend to decide W.P. No. 4265 of 2020 (this petition) as well as W.P. No. 12666 of 2020 (connected petition) having commonality of law and facts.2. Unnecessary details apart, the facts as gleaned out from these petitions are that Mst. Naeem Fatima (hereinafter to be referred as Respondent No. 1) and Mst. Qurat-ul-Ain Fatima (hereinafter to be referred as the minor) filed a composite suit for recovery of their maintenance; recovery of dower amount worthRs. 100,000/-as per entry against Column No. 14 of Nikah Nama; recovery of Rs. 100,000/-as per condition stipulated against Column No. 19 of Nikah Nama; recovery of dowry articles worth Rs. 200,000/-as per Column No. 16 of Nikah Nama and delivery charges of the minor worth Rs. 50,000/-, against Irfan Mohsin (hereinafter to be referred as the petitioner). The learned Judge Family Court,…