Maintenance granted by court from the institution of suit

Citation Name : 2010 CLC 905 LAHORE-HIGH-COURT-LAHORE

Side Appellant : NISAR AHMAD

Side Opponent : DISTRICT JUDGE, LAYYAH

S. 5 & Sched.—Constitution of Pakistan (1973), Art.199—Constitutional petition-–Suit for recovery of dowry articles, dower and maintenance allowance—Defendant contended that alleged house as claimed by the plaintiff was not transferred to her—Defendant further contended that a compromise was effected between the parties and the defendant had paid an amount of Rs.150,000 as price of land and dowry articles to the plaintiff and this was done to bring the plaintiff to his house but she remained with the defendant only for a week and thereafter left the house of the defendant without any reason—Trial Court decreed suit of the plaintiff for maintenance at the rate of Rs.2000 per month with effect from the institution of suit, dowry articles of value of Rs.200,000; dower in shape of gold ornaments or its value of Rs.200,000 and the alleged house or its value of Rs.200,000—Appeals filed by defendant were dismissed by Appellate Court–-Validity-–Defendant had withheld the best evidence and did not append with the constitutional petition complete copy of statement of his witness—Plaintiff’s witness had supported the claim of the plaintiff—Defendant could not point out any jurisdictional defect or error in the judgment of two courts below—Constitutional petition was dismissed by High Court.