MUHAMMAD SAGHEER vs ANEESHA SHABIR S — 2022 PLD 26 SUPREME-COURT-AZAD-KASHMIR

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MUHAMMAD SAGHEER VS ANEESHA SHABIR S. 12---Welfare of minor---Obligation of parents/courts/legislators---Scope---Father was under an obligation to maintain his children till they attain age of majority in case of male and daughters till they were married, there was no escape from such responsibility---Father was also required to have general approach to take care of well-being/health/education/welfare of minors in all aspects of life---In case of strained relations/divorce between husband and wife, personal hostilities/vendettas should not become hurdles in general well-being/welfare of minors---Such aspect of life of children of broken families must be considered by all, i.e. parents, courts , legislature and other institutions while making decisions with regard to welfare of minors. Head NotesCase Description Citation Name: 2022 PLD 26 SUPREME-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD SAGHEER VS ANEESHA SHABIR S. 5, Sched.---Dowry articles---Proof---Less burden was put on the shoulders of wife to establish the claim of dowry articles. Head NotesCase Description Citation Name: 2022 PLD 26 SUPREME-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD SAGHEER VS ANEESHA SHABIR S. 5, Sched.---Suits for maintenance, recovery of dowry articles, and dower---Trial Court consolidated all suits and decreed suit for recovery of maintenance allowance for period of iddat and past and future maintenance of minor/daughter; decreed suit for dowry articles; and decreed suit for recovery of dower to the extent of amount of Rs.50,000/---Appeal was dismissed by Shariat Appellate Bench of High Court (Azad Jammu and Kashmir)---Leave to appeal was granted by Supreme Court---Appellant's contention that fact that he had already paid dower was sufficiently proved; that dowry articles were given was not proved by plaintiff/respondent; that award of maintenance was against record/without legal backing---Validity---Plaint showed that marriage was solemnized in lieu of 04 tola gold ornaments as prompt dower and Rs.50,000/- as deferred dower---Said fact was supported by Nikahnama---Defendant/appellant denied the fact in his written statement and alleged that deferred amount of Rs.50,000/- had been paid in shape of ornaments---Appellant had not opted to get his statement recorded to substantiate his pleas in defence taken in his written statements and instead produced his attorney to record statement in evidence---Said attorney stated that he was unaware about quantum of dower amount; that he was not fully conversant of facts of case; that he was not aware of the sector of residence of appellant---Statement of said witness/attorney was not inspiring confidence---Statements of other witnesses were also not of any help to substantiate appellant's case---Appellant could not point out any legal infirmity in the impugned judgment---Plaintiff/respondent claimed specific dowry articles and had exhibited list containing particulars of each item therein---Appellant did not appear before Trial Court to record his statement as witness and instead produced his attorney who was not his family member / friend or well-acquainted with actual facts of the case---In his written statement, appellant outrightly denied giving of any item of dowry which seemed not true in normal course of matters/norms/custom---Record revealed that appellant had paid once during trial the amount of monthly maintenance allowance to minor; and had not paid current maintenance/arrears after passage of judgment/decree---Supreme Court drew adverse inference against appellant and declared him not entitled to get relief from the Court---Respondent established that appellant was financially in position to pay maintenance allowance awarded by the Courts below---No illegality/irregularity was committed by Courts below---Appeal was dismissed accordingly. Head NotesCase Description

MUHAMMAD SAGHEER vs ANEESHA SHABIR S — 2022 PLD 26 SUPREME-COURT-AZAD-KASHMIR

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