Last Updated on July 29, 2022 by rabiamuzaffar
Children and Maintenance of Wife under Muslim Law:
To know the law of maintenance of children in Pakistan or maintenance of wife under Muslim law in Pakistan you may contact Jamila Law Associates. Plea of res judicata does not operative against wife’s suit. Similarly, if a suit for dissolution of marriage is not decided on merits but dismissed for the non-prosecution subsequent suit is not barred for maintenance of children in Pakistan or maintenance of wife under Muslim law. Although the matters directly and substantially in the first suit were also the matters directly and substantially in the second suit, the prayer in both suits was different.
The prayer was for restitution of conjugal rights in the first suit, whereas the prayer dissolved the second suit. Even on that score, it could not claim the plea of the res judicata. No prohibition exists in the W.P. Family Courts Act, 1964 for the production of a witness if it is not mentioned earlier in the list provided by the parties. Family Court may allow the production of evidence even later if it is in the interest of justice. Parties may, with permission of the Court, call any witness at any later stage u/s 7(2) proviso to the Court considers such evidence expedient in the interest of justice for maintenance of children in Pakistan or maintenance of wife under Muslim law.
Family Courts Act:
Family Courts Act, 1964, suit for maintenance. Personal property, wife’s belongings, Custody of children, and visitation of rights of parents to meet their children can also De instituted before Family Court where the wife resides. Word “further” in the proviso to S. of Act, 1964 manifest the Legislature’s intention to grant permission really, if the Court considers such evidence expedient essential for a just decision.
Maintenance of Children in Pakistan:
Regarding the maintenance of children in Pakistan or maintenance of wife under Muslim law Minor’s were permanently residing with their father at place ‘M’ and their Other find application for their Custody before Guardian Judge at place ‘L’ Guardian age. Mother of minor’s tilts proceedings at place ‘L’ was maintainable. Minors were residing win their father at place ‘M,’ where they were admitted. It was not established if, before parting, the parties to it were residing at place L to attract Rule 6(b) of w.P. Family Court Rules, 1965.
High Court had fallen in error while declaring the suit maintainable at place L’ Basic intention of the law in the light of proviso to S. 7(2) of the Act, 1964 for maintenance of children in Pakistan or maintenance of wife under Muslim law is that for the settlement of controversial factual aspects, parties be provided ample opportunities to lead their respective evidence so that such disputes be resolved within the minimum possible time at the earliest stage. Whenever any such discretion is left open with a Court, it should liberally exercise such discretion beneficially.
West Pakistan Family Courts:
Proviso to S. 7(2) of the West Pakistan Family Courts Act, 1964 contemplated that the parties may, with the Court’s permission, call any witness at any later stage if the Court considered such evidence expedient in the interest of justice for maintenance of children in Pakistan or maintenance of wife under Muslim law. Family Court impugned order, did not appear to have given any such observation as to whether the evidence of such witnesses was expedient the interest of justice or not.