' KARAMAT NAZIR BHANDARI, J.--- This order will dispose of the above three Civil Petitions for leave to Appeal as these are between the same parties and arise from common background.
2. The marriage between the petitioner and respondent Shahzadi Umerzadi Amir ran into difficulties and as informed, ultimately broke-tip and apparently each has taken another spouse in his/her life. C.P. 925/L of 2004 arises out of the claim of the petitioner for custody of minor children, son namely Adil Amir and daughter Alina Amir. The application was contested, tried and dismissed on 23-7-1999. Petitioner's appeal was also dismissed, as was the writ petition by the Lahore High Court.
3. We have heard the learned counsel for the parties. It transpires that both the children are reaching the age of maturity. We consider it improper at this stage to uproot them particularly when we do not find any infirmity in the impugned judgment. This petition is dismissed.
4. C.P. 1938-L of 2002 arises out of the dispute about the maintenance of the children. The Judge Family Court decreed the plaint of Alina Amir and Adil Amir, the minors for maintenance at the rate Rs,20,000 each per month with effect from April, 1996 till February, 2000 and future maintenance with an increase of 15% per annum. On appeal by the petitioner the amount of maintenance was reduced to Rs,15,000 each per month for the same period with the direction to increase the amount at the rate of Rs,10% per annum in future. The Lahore High Court dismissed the Constitutional petition for the petitioner and upheld the appellate order of Additional District Judge. The petitioner seeks leave to appeal from the judgment of the High Court dated 21-5-2002.
5. In support Mr. Allah Nawaz, learned Advocate Supreme Court strenuously urged that there is ample evidence on record that the petitioner is not in a position to grant that much of maintenance. He has referred to the principle of Islamic law to the effect that where the father is not in affluent circumstances and the mother is, maintenance is to be shared by the mother. The learned counsel for the respondents 3-4 (the minors) has not contested the proposition that mother is in affluent circumstances although he has maintained that the petitioner and his father are very well off to pay the amount of maintenance.
6. After hearing the learned counsel and with their consent we fix ID the amount of maintenance at Rs,10,000 per month per child with the condition that the arrears upto date i.e, from April, 1996 to October, 2005 along with 10% increase with effect from the date of judgment of the Family Court shall be deposited by the petitioner in the family/ Executing Court within two months from today failing which this petition will stand dismissed and the impugned order of the Additional District Judge shall stand revived. However, the petitioner will be entitled to deduct any amount if any, paid by him towards maintenance during this period. This C.P. Is disposed of in above terms.
7. C.P. 1939/L of 2002 arises out of the claim of Shahzadi Umarzadi Amir respondent No,3 for recovery of her dower, which claim was decreed by the Judge Family Court on 15-2-2000 in the sum of Rs,6,00,000. Petitioner's appeal against, this judgment was dismissed by the Additional District Judge on 11-10-2001. Lahore High Court dismissed the Constitutional petition of the petitioner and upheld the two judgments. The learned counsel Mr. Allah Nawaz has raised the same argument of financial incapacity of the petitioner. However he has not disputed that the dower amount was 'fixed at Rs,6,00,000. In view of the difficult financial position of the petitioner, respondent lady has been graceful enough to reduce her claim to Rs,4,50,000 on the condition that this amount shall be deposited in the Family/Execution Court within two months from today. With consent of both the learned counsel, therefore, we modify the impugned decree and direct the payment of the dower in the sum of Rs,4,50,000. We further direct that this amount shall be deposited in the Family/Executing Court within the period of two months form today failing which this civil petition shall be deemed to have been dismissed with the result that original decree of Rs,6,00,000? Will stand revived.
8. The three petitions stand decided as above. There is no order as to costs.