IN CONJUGAL RIGHTS SUIT WIFE SEEKS RECOVERY OF MAINTENANCE AND DOWER

IN CONJUGAL RIGHTS SUIT WIFE SEEKS RECOVERY OF MAINTENANCE AND DOWER
Section 9(1a(1b) family court Act 1964…suit for restitution of conjugal rights by husband…. Wife seeking recovery of maintenance and dower in written statement…… Admissibility…. Obligations of husband to pay dower… scope.. Question was whether separate suit was required by wife for recovery of maintenance and dower… Petitioner/husband contended that wife in her written statement in family suit could claim dissolution of marriage only…. Respondent/wife contended that no separate suit was required for her claims of recovery of dower and maintenance allowance of minor… validity… under subsection 1a and 1b of section 9 of family court act 1964 either party could submit his/her claim in written statement…. Though in sub section (1b) the relief of only dissolution of Marriage including khula was mentioned as a claim to be set up by the wife, however in said sub section the word “including Khula “ was used which had enlarged its scope… Merely specifying the word dissolution of marriage including khula would not mean that wife could claim only such relief in her written statement but the word including used in section 9(1b) of Family Court Act, 1964 would enlarge it scope and the wife was not supposed to file separate suit for maintenance allowance of minor etc, instead all such claims could be joined in written statement… words used in the concluding para of sub section (1b) was also very relevant which supported the case of the wife. i.e. Shall be deemed as plaint and no separate suit shall lie for it. And it further strengthened the case of the wife, and whatever she claimed in her written statement would be considered as if she had filed a separate suit to such effect…. Father was morally and legally bound to maintain the children and he could not escape from the liability on any pretext even if the custody of the minor was with the mother… claim of dower of the wife was based upon a dower deed duly proved in the evidence and never rebutted in clear terms by the husband… payment of dower was obligatory upon husband which was the entitlement of wife as consideration of the marriage…Husband on contacting second marriage without permission of first wife or Arbitration council become liable to pay to first wife entire dower amount either prompt or deferred.. No illegality or infirmity having been noticed in the impugned judgment passed by the Appellant court, constitutional petition was dismissed accordingly.
2018 CLC 887 (Peshawar)