' ALI AKBAR QURESHI, J.---This writ petition calls in question the judgment and decree dated 21-5- 2004 and 25-2-2004, whereby finally the maintenance of the minors was fixed Rs,800 per month per head, the respondent-wife was held entitled to recover an amount of Rs,40,000 on account of the dowry articles.
2. Shortly the facts are that the respondent instituted a suit to recover the maintenance for herself and for the minor, to recover the dowry articles and dower amount on the ground that out of wedlock of the parties two minors were born, who are presently living with the respondent; that at the time of marriage dower amount way fixed Rs,50,000 and dowry articles were also given, but the petitioner after expelling the respondent along with, the minors from his house has refused to accept the claims of the respondent.
3. The suit was opposed seriously by the petitioner on factual as well as on legal side. The learned trial Court framed issues to resolve the controversy, recorded evidence led by the parties and finally decreed the suit, whereby the respondent wife was held entitled to receive Rs,70,000 on account of dowry articles, Rs,800 per month per head as maintenance allowance.
4. Both the parties being aggrieved of the judgment and decree preferred appeals, wherein the learned appellate court finally decreed the suit, whereby the amount of dowry articles was reduced to Rs,40,000 from Rs,70,000. Hence this petition.
5. Learned counsel for the petitioner contended that the respondent has miserably failed to prove the claim of the dowry articles but without attending this aspect of the case, learned appellate court finally awarded an amount of Rs,40,000 on account of the dowry articles to the respondent, which is not only contrary to the record but also the law. As regards the other claim the learned counsel for the petitioner submits that the petitioner is paying the maintenance @ Rs,800 per month per minor in terms of the decree and do not want to further question the said quantum.
6. Learned counsel for the respondent opposed the contentions raised by the learned counsel for the petitioner.
7. Heard.
8. Upon the perusal of the record it is found that the respondent at the time of filing the suit annexed list of dowry articles valuing Rs,100,000 and to prove the same, herself appeared in the witness box and reiterated her claim. In cross-examination, she fully corroborated the contents of the examination-in-chief, therefore, apparently succeeded to prove her claim. In support of her claim P.W.2 also appeared and supported the claim of the respondent. Even otherwise from the concurrent findings of the learned courts below it is proved that the dowry articles were given to the respondent. The learned trial court after appreciating the evidence led by the parties qua the claim of the dowry articles, finally assessed the value of Rs,70,000 but in appeal, the learned appellate court reduced the same simply on the ground that normally at the time of filing the suit to recovery the dowry articles ladies exaggerate the facts and values. The ground taken by the learned appellate court to reduce the amount of dowry articles is hardly sustainable in law, particularly, in the circumstances when a solid evidence to assess the value of the articles is available on the file. Therefore, keeping in view the findings of the learned trial court and the material available on the file, the value of dowry articles is assessed Rs,55;000 so the respondent is entitled to recover an amount of Rs,55,000 on account of the dowry articles.
9. As regards the maintenance of the minor, it is observed that the maintenance of the minor @ Rs,800 per month per head was fixed in the year 2004 but I feel, the same is totally inadequate and insufficient keeping in view the ages of the minors, thus the maintenance of the minor is enhanced to Rs,15,00 from Rs,800 per minor per Month from June, 2009 with 10% increase annually. No other point has argued.
10. For the foregoing reasons this petition is decided in the manner that the respondent is entitled to receive the amount of dowry articles @ Rs,55,000, the minor will be entitled to receive an amount of Rs,1500 per month with 10% annual increase from June, 2009. No order as to costs.