SOBIA HINA Versus ADDITIONAL DISTRICT JUDGE, RAJANPUR

ORDER

ALI AKBAR QURESHI, J.--- This writ petition calls in question the judgment and decree dated 10.12.2009 and 27.07.2009 passed by learned Court's below whereby the suit filed by the petitioner was partly decreed.

2. Shortly the facts as stated in the case, that the petitioners filed a consolidated suit, for recovery of maintenance allowance at the rate of Rs.9000/- per month including previous two years, recovery of dower in the form of five marlas house, jewelry weighing five Tolas and delivery expense etc.

3. The petitioner No.1 Mst. Sobia entered into marriage with the respondent and out of this wedlock four children were born but because of certain dispute, presently, the petitioner is living with four children separate to the respondent.

4. The suit filed by the petitioners partly decreed, by which the petitioner No.1 Mst. Sobia was held disentitled to recover the maintenance, while the minor children were given maintenance to the tune of Rs.2000/- per month. As regard the dower amount, it is held that the same will be paid in the form of construction of a house which has been given by the respondent through registered sale deed in favour of the petitioner No.1.

5. During the course of arguments, both the parties were given a chance for reconciliation but failed.

6. As regards the dower amount, the learned Appellate Court has rightly observed that according to the terms of Nikahnama, the house measuring 5 marlas, has already been transferred through a registered sale deed in favour of the petitioner, therefore, the demand of the petitioner regarding the dower has fully been satisfied.

7. Regarding the maintenance of the petitioner No.1, the respondent present in the Court showed his willingness to rehabilitate the petitioner but she refused , it appears that she is living apart from the respondent without any reason, therefore, she is not entitled for the maintenance until she restored conjugal rights. As weight of the jewelry is not mentioned in the Nikahnama, so the findings recorded by the learned Appellate Court on this issue are affirmed.

8. So far as, maintenance of the minors are concerned, it is mentioned in the record, that all the four minors are school going children so keeping in view the expenses being incurred on the education and the price of necessary commodities arising on day to day basis, I enhanced the per head, per month maintenance at the rate of Rs.1500/- instead of Rs.1000/- fixed by learned appellate Court from the date of institution of the suit till they attain the age of majority.

9. Resultantly, the judgment passed by the learned Appellate Court is modified to the extent of the maintenance of the minor whereas rest of the judgment is affirmed.

10. Resultantly this petition is disposed of in the terms mentioned above with no orders as to cost.

ZC/S-9/L Petition disposed of.