IN THE COURT OF
DISTRICT JUDGE, XYZ.
Mn
Versus Ml
Family Appeal against marriage, rate of maintenance
allowance and recovery of dowry articles.
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Appeal No.
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Date of Institution
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Date of decision
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J U D G M E N T
Present Mi Advocate for appellant.
Mh Advocate for respondent.
This family appeal is directed against the judgment and
decreed dated 00.00.0000 passed by learned Judge Family Court, XYZ whereby he decreed the suit of the
respondent/plaintiff to the extent of maintenance allowance @ Rs. 4500/- Per month with 10% annual
increase from one and half years preceding institution of suit till iddat (THREE MONTHS)
period whereas it was decreed to the extent of recovery of dowry articles as
per list Ex. P3 or their price mentioned therein except items No.61, 62,72 to
82, 87 and 88.
2. Learned counsel for the appellant submitted that the
plaintiff himself sought dissolution of marriage and she is not entitled to get
any maintenance allowance. That learned trial court did not properly read the
evidence regarding dowry articles which claim was also liable to be dismissed.
That the plaintiff side did not object
to agreement Ex.D2. That the family court observed that receipts produced by the
plaintiff do not disclose names but the plaintiff as Pw1 stated that she herself purchased the dowry articles.
That learned trial court also ignored the factor of depreciation. That the
appellate court may get additional evidence. Reliance was placed on 2011 MLD 571 and 2002 MLD 57.
3. Learned counsel for the respondent/plaintiff
submitted that defendant got marriage benefits from the Army and the plaintiff
is entitled to get maintenance allowance till iddat (three months). That Md Dw3
during cross examination submitted that he did not join Punchait (meeting for settlement). That
agreement Ex. D2 is fabricated. That the receipts of dowry articles were
produced.
4. I
have heard the arguments and perused the record.
5. As far as
entitlement of respondent/plaintiff to maintenance allowance is concerned, I may mention
that on 00.00.0000 the plaintiff
got recorded her statement to the effect that neither she wants to cohabitate
with the defendant nor she is ready for
reconciliation, that she has developed extreme hatred against the defendant and she would prefer
death on cohabitation with the defendant. I
am of the opinion that in these circumstances,
plaintiff is not entitled to get maintenance allowance from the
defendant except for iddat period,
the monthly rate being same as determined by the learned trial court. Thus,
total maintenance allowance for iddat (three months) period would be Rs. 10500/-.
6.
As far as dowry articles are concerned learned trial court excluded items at Sr. No. 61,62,72 to 82, 87 and 88. These are either
items having a short life or gold jewelry which ordinarily remains in custody of women. I have
carefully gone through oral as well documentary evidence and found no error in
the judgment of learned trial court regarding determination of items to be
returned to plaintiff but as far as alternative prices are concerned, learned trial court granted the prices mentioned
in list Ex. P3. As per evidence on
record, Rukhsiti (departure of plaintiff
to the house of defendant) of plaintiff took place in July, 0000 when the
dowry articles were given by her parents to her. Keeping in view, the factor of
depreciation it would be proper to fix the alternative price of dowry articles
as half of those mentioned in list Ex. P3. In the light of what has been
discussed above, appeal is granted partly and impugned judgment and decree are
modified to the extent that respondent/plaintiff shall be entitled to get lump
sum maintenance allowance for iddat (three
months) period to the tune of Rs. 10500/- whereas, the claim of dowry articles
stand decreed to the extent of list Ex. P3 except items mentioned at Sr. No.61,
62, 72 to 82, 87 and 88 and the alternative prices of articles shall be half of those mentioned in the list Ex.P1.
Parties are left to bear their own costs. Decree sheet be drawn. The record of
Family Court, copy of this judgment be sent to the Family court and file of
this appeal be consigned to the record room after its due completion.
Announced
00.00.0000
Judge,
It
is certified this judgment consists of three pages, each page, dictated,
corrected and signed by me.
00.00.0000
Judge,
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