' ALI AKBAR QURESHI, J.---The petitioner is aggrieved of a judgment and decree dated 14-11-2008 and 29-3-2008, passed by the learned Courts below, whereby the suit of the respondent to recover the dowry articles and maintenance of the minor was decreed.
2. The respondent of the instant petition brought a suit to recover the dowry articles valuing Rs,200,000 and maintenance of the minor @ Rs,2000 per month per head on the ground that the respondent, who was married with the petitioner on 26-4-2002. joined him at his house along with the dowry articles, given to her at the time of marriage, out of this wedlock two minors were born, who are presently living with the respondent, the petitioner without any cause and reasons kicked her out from his matrimonial house along with the minors and from the said date has not paid even a single penny of the maintenance.
3. The suit was vehemently contested by the petitioner, who while filing written statement alleged that after the marriage, he lived in the house of the respondent as Ghar Damad and the dowry articles given to the respondent were remained in the house of her parents.
4. The learned trial Court after concluding all the codal formalities decreed the suit, whereby the maintenance of the minor was fixed Rs,1600 per head per month and Rs,150,000 on- account of the dowry articles.
5. The petitioner being aggrieved B thereof filed an appeal, wherein the learned appellate Court reduced the maintenance of the minors from Rs,1600 to Rs,1200 per month per head and the respondent was held entitled to recover the articles from serial Nos. 5 to 22 of the list Exh.P-1. Hence this petition.
6. Learned counsel for the petitioner seriously opposed the concurrent findings of the learned Courts below mainly on the ground that the respondent did not bring on record any plausible and convincing evidence to prove her claim and in fact the evidence led by her was totally misread and finally the claim to recover the dowry articles was decreed. Next contended that on the other hand the petitioner produced reliable evidence and succeeded to prove that the petitioner remained, as Ghar Damad in the house of the parents of the respondent, therefore, the question of recovery of dowry articles does not arise.
7. As regards the maintenance of the minors, learned counsel elected not to question the findings, of the learned appellate Court to this extent.
8. Conversely learned counsel for the respondents supported the findings recorded by the leamed Courts below submitted that the maintenance of the minor be enhanced.
10. Heard. Record perused.
11. From the perusal of the record it is found that respondent has succeeded to prove her claim to recover the dowry articles and further the petitioner did not rebut the claim of the respondent in any manner whatsoever.
12. The leamed trial Court granted the decree amounting to Rs, 150,000 in favour of the respondent, the said decree was assailed by the petitioner in appeal, wherein the leamed appellate Court while accepting the appeal, excluded few articles of the gold ornaments but has not given the amount of the decree, therefore, the leamed appellate Court has committed material irregularity to this extent.
13. Thus in view of the decree passed by the learned trial Court (Rs, 150,000), which was not assailed by the respondent and the findings of the leamed appellate Court, by which the gold ornaments were excluded from the list of dowry articles, the value of remaining dowry articles is fixed Rs, 110,000.
14. Leamed counsel for the petitioner argued the case at length, but has failed to point out any material irregularity, legal infirmity, material irregularity with the concurrent conclusion rendered by the learned Courts below, therefore, there is hardly any occasion to interfere with while exercising the Constitutional jurisdiction, which is discretionary and equitable in manner.
15. Resultantly the judgment and decree is modified and the respondent is entitled to recover an amount of Rs, 110,000 on account of the dowry articles, whereas the findings regarding maintenance of the minor will remain intact. Disposed of.