Order passed in the family suit No. 30/21

  

Seen. This is a family suit instituted on 31/08/2021 and prayed for recovering dower money and maintenance against the Defendant. Perused the Plaint, Plaintiff’s deposition given as PW-01, and documentary evidence available on the record.

Upon such perusal, it appears that a marriage was contracted and registered between the Plaintiff and the Defendant on 26/02/2010. A son, Plaintiff No. 02, was born in the womb of the plaintiff No. 01 at the defendant’s paternal legitimacy. The Exhibit No. 01, the certified copy of the registered Nikahnama, demonstrates that dower was fixed Tk. 5,00,000/- only for their marriage with Tk. 1000/- as instant payment. But the nature of the dower is found to be uncertain. Therefore, as per section 10 of the 1961 Muslim Family Laws Ordinance, the entire amount of dower shall be payable on demand. Accordingly, the whole unpaid dower Tk. 4,99,000/- is decided as prompt dower. So, it is decided that plaintiff No. 01 is entitled to her prompt dower of Tk. 4,99,000, which remains unpaid to date. On perusal of the plaintiff’s deposition given as PW-01, it appears to the Court that marital tie between the Plaintiff and Defendant still subsists. So she is also entitled to continued maintenance till the lawful period.

It is now well-settled that Muslim personal law naturally requires a father to maintain his children and take them every care. Even much weight is attached to children maintenance under Muslim law. It is to be underscored by saying that the mother cannot be compelled to provide milk to a child but the father is under a duty to provide a nurse. He is bound to maintain even if he is indigent or the children are in the custody of the mother. But such maintenance is to be assessed in cognizance of the father’s affordable conditions or the customs and practices.

It is also asserted that the defendant is a farmer and has some land to cultivate. He is also capable to work. Pertinently, the impugned minor is found to be in the custody of the plaintiff mother. The minor is a female person, who as of nearly 03 years old, needs adequate food, education, and lodging as well as decent raiment. With assigning some reasons, the plaintiffs prayed for the recovery of unpaid dower money and Maintenance for her and her child’s maintenance. In consideration of the pleading, facts, surrounding circumstances and shreds of evidence both oral and documentary on record, it appears before the Court that the plaintiffs proved their claims in part. So, Plaintiff No. 01 is held to be entitled to get Tk. 4,99,000/- as unpaid dower money; and maintenance just and reasonable according to the socio-economic conditions of the parties. Therefore, the suit deserves to be decreed.

Court fee paid is sufficient.

Hence, it is ordered

that the suit be decreed ex parte against the defendant without any order as to costs. Accordingly, Plaintiff No.01 is entitled to get Tk. 4,99,000/- as unpaid dower money and Tk. 8,000 as past maintenance for the last 08 months from the date of the suit’s institution, being a total of Tk. 507000 by virtue of the decree. Plaintiff No. 02 is also entitled to get Tk. 8,000/- as child maintenance for the last 08 months from the same date. The defendant is ordered to pay the decreed amount within the next 30 (thirty) days from the date, failing which, the Plaintiffs may take steps in accordance with the law.

Moreover, Plaintiff No. 01 and the minor child, plaintiff No. 02, will be getting maintenance at the rate of Tk. 1500/- and 1800/- respectively per month from the date till the lawful period, and Tk. 200/- and 200/- respectively will be added with the said amount at the start of every Christian year which shall come into force from the year of 2023. The defendant is directed to pay the monthly maintenance to the Plaintiffs within the first week of every month. It is further ordered that the parties to the suit may through court revise the amount of the prospective maintenance once within a period of 36 months.