Conjugal Rights and Maintenance of Wife in Pakistan:
After the amendments, introduced
in the relevant provisions of S. 9 of subsequently when of West Pakistan Family
Courts Act, 1964, written statement filed by one or the other party was to be
given the status of plaint. In the present case the plaintiff had withdrawn the
suit, the proper course for the Family Court was to treat the written statement
as plaint and the plaint as written statement, and also to order the
transposition of the parties converting the status of the defendant to that of
plaint and vice versa. Judge Family Court failed to apply its mind and did not
take a proper step and permitted the course which was suggested to it by the
respondent.
What Family Court Say about That?
Under the directions of the
Family Court, wife filed a fresh suit and also prayed for interim maintenance
allowance which had been refused albeit. lf, husband was apprehensive that
tomorrow if the suit seeking maintenance allowance was dismissed/rejected, then
recovery of the paid amount would become difficult; in that situation the
Family Court could obtain indemnity/surety bond from the wife to pay back the
amount received as interim maintenance of wife in
Pakistan allowance pending trial to the husband, while in the case or
decree, same could be adjusted in the decreed amount. Family Court was directed
by High Court to act strictly according to the given guidelines and to conclude
the trial of the case within 3 or at the most within 4 months.
Suit for Conjugal Rights in Pakistan:
Suit for restitution of conjugal
rights in Pakistan could be allowed subject to condition. Leave to appeal was
granted by Supreme Court to consider the correct import of 'deferred dower and
whether it could become prompt if and when demanded; whether Family Court could
not grant maintenance of wife in Pakistan which instead could be granted by
Arbitration Council as mentioned in S. 9 of Muslim Family Laws Ordinance, 1961;
whether amount of maintenance of wife in Pakistan decree Commensurate with
status and income of husband; whether suit for restitution of conjugal rights
in Pakistan could be allowed subject to condition of separate living of wife
with husband abroad; and whether restitution of conjugal rights could be
subjected to payment of maintenance. Suit for restitution of conjugal rights
was decreed but decree was set aside in appeal. Husband was that he had
divorced wife but same was revoked before its effectiveness. Question was as to
whether decree for restitution of conjugal rights was rightly set aside by
Appellate Court.
More about Suit of Conjugal Rights in Pakistan:
Application for revocation of
divorce on record, wherein a cutting did exist, had supported wife's claim that
he application was moved after date of effectiveness of divorce. Statement of
wife that due to allegation leveled against her by husband she had developed
hatred against the husband was sufficient ground to lose the chance of reunion
of parties. Wife, in circumstances, could not be forced to join the husband who
had divorced her. Constitutional petition having no merits was dismissed. Suit for
restitution of conjugal rights in Pakistan was dismissed on ground of
non-payment of dower, which was wrong. On compliance of decree for payment of
dower during pendency of appeal, husband claimed decree for restitution of
conjugal rights. Family Court did not keep in mind questions which it is called
upon to decide whether restitution ought to be ordered by directing wife to
return to the conjugal domicile of her husband. Decree of Appellate Court set
aside in writ jurisdiction and case remanded for deciding afresh whether
husband is entitled to relief of conjugal rights.
Appellate Court below without
considering evidence produced on record by both parties and without giving any
reason found that wife was at fault and was not prepared to live with her
husband without any justification. Such disposal of a cause by Court below not
based on the material Appeal having not been decided by Appellate Court below
brought on record was not warranted by law. In accordance with law, High Court
in exercise of Constitutional jurisdiction, set aside judgment and decree
passed by Appellate Court below and remanded case to decide afresh in
accordance with law. 8. Decree for restitution granted to husband for
restitution granted to husband on condition of payment of prompt dower and past
maintenance of wife in Pakistan.
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