MUHAMMAD SYED SHAH Vs. SAMA SAYEED
LAWS(J&K)-2006-5-10
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 25,2006

Muhammad Syed Shah Appellant
VERSUS
Sama Sayeed Respondents

JUDGEMENT

NISAR AHMAD KAKRU, J. - (1.) BREAKDOWN of the marital relationship between the parents of ill fated daughter -respondent, a student of Presentation Convent High School Srinagar, having rendered her unsafe in terms of financial backing, consequently, a civil suit in the Court of Learned Principal District Judge, Srinagar which culminated in a judgement and decree dated 25.08.2003 for declaration and injunction requiring the father -appellant to pay maintenance at the rate of Rs. 5000/ - (five thousand only) per month and to reap its fruits, it may not be imagined but fact remains that the decree holder child in distress has been made to run from pillar to post by none other than her own father. That is how this civil Ist appeal which is restricted to the quantum of maintenance only.
(2.) IT transpires from the pleadings of the parties that marriage of the parents of the daughter -respondent was solemnized on 23rd of July 1984 and out of the wedlock besides her, a son Owais Ahmad was born. Marriage was terminated by the appellant in the month of November, 2002 by a divorce deserting his daughter -respondent as well. It needs to be noticed that during the course of arguments the learned Counsel for the respondent produced Owais Ahmad in the Court to contend that subsequently he too has been separated and is living with his mother but cognizance of the statement could not be taken because neither any claim has been laid on his behalf in the suit out of which this appeal arises nor he is a party to the lis. Reverting to the cause of the respondent it needs to be noticed that with a view to do complete justice between the parties and taking the nature of the challenge into consideration the appellant was directed to come up with his latest salary statement which was produced and forms part of the record. Its perusal reveals that he draws a sum of rupees 23061/ - per month as on August, 2005. Regard being had to the fact that essentially controversy is raised on the ground that maintenance is on higher side, an effort was made to get the parties round and in furtherance thereto it was proposed that the amount could be reduced by rupees one thousand till success of the respondent in her 10th class examination but thereafter the amount shall have to be increased to such an extent which will be sufficient to enable her to live in a reasonable comfort and may exceed rupees five thousand. Responding to the proposal, the respondent -child through her counsel consented to the proposed alteration but the appellant chose to contest the quantum and not to agree to the amicable settlement.
(3.) IN view of the stance of disagreement on the part of the respondent, learned Counsel for the parties were heard. Upon examination of the pleadings and the evidence, I am of the opinion that the finding returned by the Court below is well founded and does not call for any alteration. It has also to be borne in mind that besides legal obligation the father appellant has a social and moral obligation also to maintain her daughter. More so, the relationship of a child and a parent being uncontroverted, the appellant has to realize that his dissociation has on the one hand created a feeling of insecurity in the mind of the child -respondent and on the other it has deprived her of the benefit of her father's social and economic status which is too big a loss to her and incapable of being quantified in terms of money. Apart from that the basic necessities of life being so costly, an amount of rupees five thousand, by no stretch of imagination can be said to be on higher side.;


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