Law: Family Courts Act, 1964

Section: XXXV,5

Family Courts Act (XXXV of 1964)-------S.5, Sched.---Suit for recovery of maintenance allowance, dowry articles and delivery expenses---Said suit instituted by the wife/respondent was partially decreed---Appeal preferred by the petitioner/husband was dismissed, whereas, the one preferred by the respondent was partially allowed by Appellate Court while enhancing the maintenance allowance of respondent--Validity---Muslim husband is duty bound to maintain his wife during the subsistence of marriage including period of Iddat---Appellate Court, keeping in view the financial status of the petitioner as well as needs of a woman, had rightly enhanced the maintenance allowance from the date of institution of suit till period of her Iddat, which was not exorbitant, thus, findings of the Appellate Court to that extent were upheld---Respondent could not bring on record any evidence showing that her parents were enjoying good financial status and they were capable of giving dowry articles, however, High Court keeping in view the fact that in our society the parents of the bride give dowry articles to their daughters at the time of marriage as per their financial status and the principle of depreciation/wear and tear held that the courts below had rightly held the respondent entitled to recover dowry articles or their alternate value---Constitutional petition was dismissed, in circumstances.Date of hearing: 8th June, 2023.JUDGMENTSHAHID BILAL HASSAN, J.---Precisely, the respondent No.3 instituted a suit for recovery of maintenance allowance, dowry articles and delivery expenses against the petitioner which was duly contested by him while submitting written statement. The divergence in pleadings of the parties was summed up into issues. Both the parties led their oral as well as documentary evidence. After hearing final arguments, the learned Trial Court vide judgment and decree dated 14.05.2019 partly decreed the suit in the following terms:1.    Suit for recovery of past maintenance allowance of plaintiff is hereby dismissed. However, she is entitled to get recover maintenance allowance from the date of institution of suit till iddat period @ Rs. 5,000/-…