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S. 5 & Sched.---Constitution of Pakistan, Art.
199---Constitutional petition---Suit for recovery of maintenance and prompt
dower in shape of gold ornaments entered in nikahnama or its alternate value---Dismissal of suit for
recovery of maintenance and passing of decree for recovery of prompt dower
by Family Court---Dismissal of plaintiff's appeal by Appellate
Court---Validity---Defendant had not challenged decree for recovery of
dower---Filing of suit by plaintiff for recovery of prompt dower was itself
a notice of its demand from defendant and date of its demand would be date
of institution of such suit---Defendant had not paid prompt dower to
plaintiff, thus, she had a right to refuse to live with him till its
payment to her and he was bound to pay her maintenance from date of its
demand till its payment---Value of gold ornaments was mentioned as
Rs.30,000 in nikahnama dated 25-8-2005---Alternate value of such gold
would be fixed according to value prevalent at the time of institution of
suit, which value would be determined by Executing Court---Plaintiff in
plaint had claimed Rs.5,000 as monthly maintenance, while she in evidence
had stated monthly income of defendant to be Rs.40,000/ 50,000---Defendant
in his statement had not uttered a single word about his income---Defendant
was working in Saudi Arabia, thus, Rs.1,000 per month would be sufficient
for plaintiffs maintenance, which he was liable to pay from date of suit
till payment of prompt dower to her---High Court modified judgments and
decrees of both courts below accordingly.
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