Maintenance
The husband is bound to maintain his wife so long she is faithful to him and obeys his reasonable orders. But he is not bound to maintain a wife who refuses herself to him or is otherwise disobedient.
Mohammad Ali Vs. Ghulam Fatema 160 I.C 365. Khatijan Vs. Abdullah 194 Kar 535.
If the husband neglects or refuses to maintain his wife without any lawful cause, the wife may sue him for maintenance, but she is not entitled to a decree for past maintenance, unless the claim is
based on a specific agreement. Abdul Fatteh Vs. Zibunnessa, 6 Cal 631.
A wife can file suit in the Family Court for her own maintenance as well as for her child. Limitation of three years provided by article 103 and 104 of the Limitation Act, 1908 is applicable to suit for dower while article 120 is applicable to suit brought by a Muslim wife for past maintenance upto six years prior to the filing of the suit. Jamila Khatoon Vs. Rustom Ali, 1 M.L.R (1996) (A.D) 113.
Wife is entitled to maintenance during the period of iddat following divorce. Mariam Vs. Kadir Baksh, Rashid Ahmed Vs. Amina Khatun, 54 All 46, 135 I.C 762.
A widow is not entitled to maintenance during the period of iddat consequent upon her husband's death. Aga Mohammad Jafar Vs. Kulsum, 25 Cal, 9.
A father is bound to maintain his sons and daughters until the sons attained the majority and the daughters are married. Emperor Vs. Aysha Bai, 6 Bom L.R 536.
Where the father is entitled to the custody of the daughter and offers to keep her in his house and maintain her, the daughter has no right to separate maintenance unless there are circumstances which justify the daughter to stay away from the father's house. Bayabai Vs. Esmail Ahmed, 43 Bom L.R 823. Dinsab Karimsab Vs. Mohammad Hussain, 47 Bom L.R 345.
Minor child living with a divorced mother is entitled to maintenance. Mohammad Yusuf Khan Vs. Zarina, 1975,.Cr. L.J, 1988.
Wife voluntarily left the house of her husband and refused to the husband and there was no proof of ill-treatment, the suit instituted by the wife for maintenance or for dissolution of marriage is not maintainable. Sherinzadi Vs. Gul Mohammad, P.L.D (1961) Pesh, 66.
No matter the wife is poor or rich if the husband fails to provide her maintenance for a period of two years, the wife is entitled to a decree for dissolution of marriage. Said Ahmed Vs. Sultan Bibi, (43) A.Pesh, 73.
As required under section 7(1) of the Muslim Family Laws Ordinance, 1961, the notice of divorce shall be sent to the chairman in whose jurisdiction the wife was residing at the time of pronouncement of the divorce. When the notice is not properly served the divorce does not become valid and the marriage between the husband and the wife subsists and as such the wife so long remains loyal is entitled to maintenance. Kazi Rashed Akhter Shahid (Prince) Vs. Most Rokshana Chowdhury (Sandha), 11 M.L.R (2006)(H.C) 305.
Any person professing any faith is entitled to bring a suit for the purposes enumerated under section 5 of the Family Court Ordinance, 1985. Thus a Hindu wife is therefore entitled to institute a suit for maintenance in the Family Court. Nirmal Kanti Das Vs. Sreemati Biva Rani, 1994 B.L.D 413.
Children in easy circumstances under the Mohammedan law are bound to maintain their poor parents even if they are able to earn something. The poor parents may file suit in the Family Court for maintenance from their children. Similarly poor and disabled relatives even servants of the wife can maintain a suit for maintenance under the Family Courts Ordinance. Jamila Khatun Vs. Rustam Ali; 48 D.L.R (A.D) 110, 1996 B.L.D (A.D) 61.
Where the wife voluntarily left the husband and she is not interested to return on fear of injury to life, the court should grant decree for restitution of conjugal rights. In that case the wife is not entitled to get the deferred dower or maintenance. Nur Akhtar Vs. Md. Abdul Mabud Chowdhury, 1 B.L.C, 404.
The wife can institute a suit in the Family Court for her maintenance and also claim maintenance for her child in the same suit. Separate suit need not be filed nor the child is required to be co-plaintiff with the mother in the suit. Saleha Begum Vs. Kamal Hossain, 50 D.L.R, 180.
Family Court has the jurisdiction to entertain and decide suits instituted by members of other community for settlement of dispute regarding maintenance etc. Gonesh Chandra Das Vs. Arati Acharjya, 54 D.L.R, 348.
If the children prefer to live with their mother due to natural affection that would not in any way relieve the father of his liability to maintain the children. Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 50 D.L.R, 612.
Child born during the subsistence of marriage is legitimate child and is entitled to maintenance till he attains majority. Jashimuddin Vs. Dali Begum and another, 56 D.L.R 358.
The Family Courts Ordinance, 1985 does not in any way diminish or curtail the rights already possessed by a litigant under the Mohammadan law or any other substantive law with regard
to matters mentioned in section 5 of the Ordinance.
A wife can file suit in the Family Court for her own maintenance as well as for her child. Limitation of three years provided by article 103 and 104 is applicable to suit for dower while article 120 is applicable to suit brought by a Muslim wife for past maintenance upto six years prior to the filing of the suit. Jamila Khatun Vs. Rustom Ali, 1 M.L.R (1996) (A.D) 113.
On the coming into force the Family Courts Ordinance, 1985 and the Family Court having exclusive jurisdiction in matters of maintenance of wife and children, the jurisdiction of the Magistrate to entertain any application or to initiaté any proceedings in respect of maintenance under section 488 of the Code of Criminal Procedure, 1898 have been altogether ousted. Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 3 M.LR (1998) (H.C)145.
Family Courts Ordinance, 1985 applies to all citizens of Bangladesh irrespective of religion. A Hindu wife can well bring a suit in the Family court for the maintenance against her husband. Rochon Rikssi Das Vs. Khuku Rani Dasi and others, 50, D.LR (H.C) 47. Nirmal Kanti Das Vs. Sreemati Biva Rani, 47 D.LR (H.C)514.
According to the Muslim law a divorced wife is entitled to maintenance during the period of her iddat. It is not permissible under the law to grant maintenance to a divorcee wife during her life time. Abdur Razzak Vs. Mohsena Ara Begum and others, 10 M.L.R (2005) (H.C) 232.
Suit for maintenance during the subsistence of marriage brought by the wife is maintainable- Notice of divorce must be given to the Chairman in whose jurisdiction the wife resides at the relevant time. When the notice as required under sub-section (1) of section 7 of the Muslim Family Laws Ordinance, 1961 is not properly served the divorce does not become valid and the marriage between the husband and the wife subsists and as such the wife so long remains loyal is entitled to maintenance. Kazi Rashed Akhter Shahid (Prince) Vs. Most Rokshana Chowdhury (Sandha), 11 M.L.R (2006) (H.C) 213