Case Solution for Maintenance of Wife in Pakistan:
In case of maintenance of wife in
Pakistan, wife was found to be entitled to past maintenance as husband had
contracted second marriage, thus, she (first wife) was legally justified to
live apart and he was bound to pay maintenance of wife in Pakistan. Family
Court had no jurisdiction to pass such attachment order and had power to vary,
modify and rescind same. High Court dismissed Constitutional petition in
circumstances. Plaintiff (husband) filed suit for restitution of conjugal
rights-Defendant (wife) also filed suit for recovery of Rs.200, 000 as damages
incorporated as a condition in Nikahnama. Judge Family Court dismissed suit of
the plaintiff whereas decreed the suit filed by defendant. Plaintiff filed
appeals against the judgments and decrees of Trial Court, the same were
dismissed by Appellate Court through a consolidated judgment. Plaintiff
asserted that the Judge, Family Court had no jurisdiction to entertain suit for
recovery of damages on behalf of the defendant as the suit for recovery of
Rs.200,000 on account of payment of damages could not proceed before the Judge,
Family Court; it could only proceed as an ordinary civil suit.
Recovery in suit for Maintenance:
Plaintiff further contended that
the entry of amount of Rs.200, 000 in the Nikahnama could not be termed as the
property of the wife and further that the disputed amount was also not covered
under the rule of actionable claims as envisaged by S. 130 of Transfer of
Property Act, 1882. Contention of the husband was that suit for recovery of
amount was not maintainable as it was not yet the property of wife and she only
had a claim to recover the amount from husband on the basis of a special
condition incorporated in Nikahnama was misconceived as the matter fell within
the exclusive jurisdiction of the Family Court because Nikahnama was fully
supported by the Schedule of West Pakistan Family Courts Act, 1964 (as amended
on 01-10-2002) and by virtue of amendment in item No. 9 of the Schedule
personal property belonging to the wife by all means vested in the lady with
the right to bring an action against husband to claim the said amount upon
proof that she was divorced without any reason attributed to her.
About right of Wife for Action about Property:
Wife was vested with the right of
action and what was termed as actionable claim in the Transfer of Property Act,
1882; the said condition became operative the husband became indebted to the
wife in the disputed amount, however, even if such debt was beneficial interest
so occurring. Was conditional or did not fall within the meaning of actionable
claim Constitutional petition was dismissed by High Court. 3. Wife willing to
perform conjugal rights.
Under the law for Muslim Family Laws Ordinance:
Under S. 9 of the Muslim Family
Laws Ordinance, 1961, wife in suit for restitution of conjugal rights willing
to perform conjugal rights but deserted by the husband without lawful excuse,
could claim maintenance. In suit for
restitution of conjugal rights Petitioner, defendant in an earlier suit for
conjugal rights submitted written statement claiming maintenance with an
additional prayer for interim maintenance allowance under S. 17-A of West
Pakistan Family Courts Act, 1964 which was allowed by the Family Courts and
High Court approved the judgment of Family Court in constitutional petition.
Husband withdrew his suit for restitution of conjugal rights, and on its
dismissal the written statement, filed by the wife was also discarded and was
held to be not triable and maintenance of wife in Pakistan was granted.
For More Detail
Visit these links:
https://www.reddit.com/user/binajmal22/comments/f69px2/best_lawyer_for_suit_of_power_of_attorney_in/
http://www.24article.com/best-lawyer-for-short-process-of-dissolution-of-marriage-in-pakistan-2.html
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