Limitation of Recovery of Maintenance of wife and Children

Limitation of Recovery of Maintenance of wife and Children

Section 5and 9 family court act 1964 ,  Article 120 of Limitation Act 1908, Article 2-A and 199 of Constitution of Pakistan, Suit for recovery of Maintenance allowances of wife and daughter— Plaintiff/wife sought education, medical and expenditure of marriage of daughter and claimed maintenance for the last 30 years—- substance of marriage—scope— limitation, question of – Responsibility of husband toward wife and daughter— injunctions of Islam—scope—petitioner/husband contended that as wife had not been living hi is house so Appellant court had wrongly decreed past maintenance of wife for the last six years—validity—under Islamic law the husband was liable to maintain his wife and children from the very date when marriage was solemnized—- record proved that respondent/plaintiff was turned out of the house and subjected to cruel behavior by petitioner/defendant so many times but she joined the marital life on the intervention of Jirga and again due to his cruel behavior she was ousted form his house and she started living at her parents house for the last 30 years and was still there but the petitioner/husband had not divorced her and failed to maintain her and his daughter which was Zulm-eAzeem to the Muslim who lived under the protection of law—High Court observed that under Art. 2-A, of the constitution the Quran and Sunnah was the basic law of the land and section 9 of Muslim family Law Ordinance 1961 was a special law which did not presce3ive specific period of limitation for past maintenance— payment of maintenance ot the wife by her husband was governed by injunctions of Islam— petitioner/husband had not in the present case., paid any maintenance educational expenses marriage expenses for his daughter and maintenance allowance to his wife to meet daily needs life food and clothes etc. which was his duty to bear the provision of limitation prescribed under Art 120 of Limitation Act 1908 for recovery of past maintenance was not stricto sensu application—husband was responsible for the maintenance of wife from the day when the Nikah was solemnized and daughter when she was born—record showed that husband has admitted in the cross examination that he never paid any amount to his wife or his daughter—both courts below had erred by not considering the said admission by the husband wile decreeing the past maintenance for wife for past six years only— Husband was bound to pay the maintenance allowance for past 30 years to his wife and expenses claimed in the suit( marriage expenses of daughter etc)—- High court observed that great injustice had been caused to the wife and daughter of petitioner so despite the fact that respondent/wife had not challenge the judgment and decrees of courts below which might be due to economic constraints of neglected mother and daughter but High court in exercise of its constitutional jurisdiction under Art. 199 was vested with jurisdiction to proved relief to party with whom injustice had been done so that judgment and decrees of the both courts below to the extent were set aside modified and the suit of plaintiff/respondent was decreed as prayed for

2018 YLR 128

Past Maintenace limitation

section 5 Limitation Act 1908

Article 120, 199 Constitution of Pakistan

Suit for maintenance for four year till the period of iddat – appellate court upheld the judgment of trial court – defendant contended that past maintenance allowance could not be granted for more than a peiod of three years – validity – defendant remained out of country during last five years of marriage leaving behind the family and visited the country only twic – nothing was brought on record to unsettle the factual controversies and the findings of the courts below – No period of limitation was prescribed under the limitation Act 1908 filing suit for maintenance allowance and was governed by article 120 of the limitation Act 1908 which provided period of six years for filing and suit for which no period of limitation was prescribed – constitutional petition was dismissed for being within merit. 

2011 MLD 1012 Lahore