-Maintenance allowance for the minors fixed by the Courts below was insufficient to meet their requirements which was enhanced to Rs. 5,000/per month for each child with further increase @ Rs. 10% per annum--

 Citation Name: 2020 YLR 1850
PESHAWAR-HIGH-COURTBookmark this Case
Mst. SANA GUL VS USMAN KHAN

S. 5, Sched.---suits for recovery of dower, maintenance allowance for wife and minors---Desertion of wife---Effect--Defendant-husband had not paid the dower claimed by the plaintiff-wife---Plaintiff-wife was entitled for recovery of entire dower in the shape of seven tolas gold ornaments---Plaintiff-wife could refuse to perform matrimonial obligation if entire dower had not been paid to her---Desertion of wife could not be considered as her disobedience, in circumstances---Defendant-husband was bound to maintain his wife until and unless he had paid the dower---Plaintiffwife had not been paid maintenance during the period of desertion and she was entitled for maintenance @ Rs. 5,000/per month from the date of institution of suit till payment of dower and provision of separate accommodation to her--If plaintiff-wife after receiving dower and provision of separate accommodation refused to honour the decree of restitution of conjugal rights then she would not be entitled to maintenance allowance---Maintenance allowance for the minors fixed by the Courts below was insufficient to meet their requirements which was enhanced to Rs. 5,000/per month for each child with further increase @ Rs. 10% per annum---Constitutional petition was disposed of, accordingly.