Family Appeal Judgment of Session Judge – Exercise 1 – Subah TV HD

Family Appeal Judgment of Session Judge – Exercise 1

Best Practices Exercise for a shorthand Stenographer

Appellants/plaintiffs have filed this appeal against judgment /decree dated 02.10.2020 passed from the court of Mrs. Madiha Zulfiqar, learned Judge Family Court Depalpur, through which their suit for dissolution of marriage, recovery of maintenance allowance, and dowry articles was partially decreed.

2.As per contents of plaint marriage between appellant No.1/plaintiff No.1 and respondent/defendant was solemnized on 26.08.2018 through Nikah Nama Ex.P.4 and out of this wedlock minor appellant No.2 was born. That parent of appellant No.1 gifted her dowry articles including one Tola gold ornaments of the total value of Rs.295,000/- which are presently in the custody of the respondent. That about two months before institution of this suit respondent forcibly expelled the appellants from his house and since then never paid any maintenance allowance. Hence they filed the present suit for dissolution of marriage, recovery of maintenance allowance of Rs.10,000/- per month per head for past as well as future, and dowry articles including gold ornaments of the total value of Rs.295,000/-.   

3                 Respondent/defendant did not turn up before learned trial court despite summoning through ordinary process as well as publication in newspaper and was lastly proceeded against exparte on 05.09.2020. In subject appeal he was also summoned as a result of which Mian Azhar Wattoo Advocate submitted memo of appearance on his behalf on 07.12.2020 but failed to submit Waqalat Nama and then did not appear and was ultimately proceeded against exparte on 11.01.2021.

4                 Learned counsel for appellants/plaintiffs submitted that they successfully proved their complete claims through oral and documentary evidence which remained un-rebutted. However, learned trial court only partially accepted the same. That maintenance allowance of appellants is quite insufficient to meet their daily needs. That respondent is supervisor in a factory with monthly salary of Rs.50,000/-. He has finally prayed for acceptance of this appeal and decree of her suit as per prayer clause.

5                 Arguments advanced by learned counsel for the appellants have been heard and record perused.

6                 It is claimed by appellants that they were forcibly ousted by respondent from his house two months before institution of this suit. That he is earning Rs.50,000/- per month as supervisor in a factory. Respondent did not turn up to contest these claims either before learned trial court or in this appeal. Marriage between appellant No.1 and respondent already stood dissolved through Khulla. In present era of inflation maintenance allowance fixed by learned trial court is found insufficient. Resultantly, appellant No.1 is entitled to get maintenance allowance of Rs.5000/- per month for past two months as well as from the month of institution of this suit till her Iddat period. Likewise, minor appellant No.2 is also entitled to get the same maintenance allowance with 10 % annual increase for past two months as well as from the month of institution of this suit till her legal entitlement.

7                 As far as claim of dowry articles of Rs.200,000/- is concerned the same remained in joint use of parties for about two years, hence, learned trial court rightly decreed Rs.100,000/- as their alternative price. Learned trial court was quite justified to hold that appellant No.1 failed to prove her claim of gold ornaments.       

8                 As a consequence of above discussion, appeal in hand is partially accepted and suit of appellants is decreed to the extent that appellant No.1 is entitled to get maintenance allowance of Rs.5000/- per month for past two months as well as from the month of institution of this suit till her Iddat period. Likewise minor appellant No.2 is also entitled to get the same maintenance allowance with 10 % annual increase for past two months as well as from the month of institution of this suit till her legal entitlement. Decree sheet be prepared. Record of learned trial court be sent back alongwith copy of this judgment and file of this appeal be consigned to record room after its necessary completion within stipulated period.

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