Tuesday, 26 May 2015

DIVORCE, RATE OF MAINTENANCE AND DOWRY



IN THE COURT OF DISTRICT JUDGE, XYZ.

Mn  Versus  Ml
 Family  Appeal against marriage, rate of maintenance allowance and recovery of dowry articles.

Appeal No.
Date of Institution
Date of decision




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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