Law in Pakistan for Suit Maintenance of Wife in Pakistan:
Law recognized the validity of
express stipulations entered into marriage contract by parties. Since
petitioner had agreed, vide compromise deed, to live along with his wife in a
separate house provided by her wife's parents, he could not take the plea that
wife was not entitled to get her maintenance allowance as she was not living
with him in his house. Constitutional petition, having no force, was dismissed
by High Court. Maintenance
of wife in Pakistan was claimed for period during which she was deserted by
husband till divorce in Pakistan became effective. Parties did not dispute such
period. Record supported wife's contention that during her deserted period,
husband had not made any effort to rehabilitate her through any Court
proceedings by filing a suit for restitution of conjugal rights in Pakistan.
Appeal to High Court by Wife:
Husband was bound for maintenance
of wife in Pakistan, but had not paid her maintenance for such period. Wife was
entitled to maintenance from husband. High Court set aside order of remand
passed by Deputy Commissioner and directed husband to pay maintenance to wife
for such period. Application for maintenance of wife in Pakistan for the period
petitioner/husband then she contention of the husband was that the wife had
herself chosen to stay away from him and thus was not entitled to be deserted
by the maintenance. Record had shown that the petitioner/husband was already
having a wife and children from her; respondent/wife was left in the lurch, she
knew nothing with regard to his married status as well as about his exact age;
husband must have come to his own conclusion in not insisting upon incompatible
parties (two ladies) jealous of each other, to live together and thereby making
life a hell not only for them but for him as well and the two ladies were kept
apart, not allowing them to know each circumstances, should have no grouse
against the second Wife as no one could blame her because the husband's first
wife was probably a virago and for that reason he himself had to stay away from
her.
Also For Restitution of Conjugal Rights in Pakistan:
Times have changed and hardship
which wives were prepared to endure in the past, were wife/respondent
therefore, in the peculiar facts and circumstances of the present case, could
not be held to be at fault and she was not disentitled for maintenance by
living apart from husband. 1. Suit for
recovery of past maintenance-Restitution of conjugal rights. Suit for recovery
of past maintenance by wife and husband's prayer in written statement for suit for
restitution of conjugal rights in Pakistan was decreed by Family Court by
one and the same judgment. Applications by both parties or execution of their
respective part of decree. Order of Family Court attaching decreed allowance
till satisfaction of decree of suit for restitution of conjugal rights in
Pakistan by wife. Recalling of such attachment order by Family Court and
directing husband to pay decreed allowance as same could not be attached to
compel wife to obey decree of conjugal rights passed in his favor.
Orders of Court for Husband’s Appeal:
Dismissal of husband's appeal by
Appellate Court filed against recall order. Court in interest of justice could
recall or modify a patently illegal and unlawful order. According to Order XXI,
Rule 33, C.P.C., executing Court while executing decree for conjugal rights
could not attach decree passed for such allowance in favor of wife. Husband
would be legally bound to maintain his wife, if her refusal to live with him
was justified by reasonable cause.
Visit Links For More Information:
https://youtu.be/QgoUu73V66ghttps://www.academia.edu/42004377/Get_Know_Legal_Procedure_For_Divorce_Certificate_By_Nadra_in_Pakistan
https://family-case-lawyer.blogspot.com/2020/02/get-consult-for-talaq-procedure-in.html
https://www.reddit.com/user/ammygril/comments/f0agfd/professional_lawyer_with_experience_of_halala/
https://canvas.elsevier.com/eportfolios/8617/Khula_Procedure_in_Pakistan/Get_Professional_Divorce_Lawyer_For_Khula_Procedure_in_Pakistan
The conjugal right is that right and privilege accorded to both spouses to have a personal relationship with each other and to establish a family. It includes the right to have sexual relations with one's own spouse, to have children and to establish one's home.
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