Law:

Section:

Family Courts Act, 1964 (XXXV of 1964)-- ----Ss. 9(6) & 17-A--Suit for dissolution of marriage, recovery of maintenance, allowance, dowery article, delivery expenses--Marriage was dissolved on basis of khula--Ex-parte was set aside subject to make payment as well as monthly maintenance allowance for minor--Validity--Condition imposed for suspension of decree was not sustainable as under Section 9(6) of Family Courts Act, Family Court has no power to impose any cost in application for suspending ex-parte and decree--Payment of interim maintenance allowance was also not sustainable as provision of Section 17-A of Act comes into field only when written statement was filed by defendant--Family Court, after having filed interim maintenance allowance, order was set aside to extent of imposition of condition of payment as well as payment of interim maintenance allowance for minor--Petition was allowed. [P. 96] A & B Judgment Brief facts of the case are that Respondent No. 2 filed a suit for dissolution of marriage, recovery of maintenance allowance, dowry article, delivery expenses and 5 tola gold ornaments with the averments that she was married with the petitioner on 31.10.2010 for a consideration of Rs.2000/- as dower money which was not paid; that out of this wedlock, a daughter namely Maham was born on 06.08.2012; that delivery expenses of Rs.30,000/- were borne by parents of the plaintiff; that 5 tola gold ornaments were gifted to the plaintiff by the defendant which are still in his custody; that the relations between the parties remained cordial in the beginning, however, later on, the petitioner-defendant expelled the plaintiffs from his house in October, 2011; that no maintenance was ever paid to the plaintiffs. 2. Summons were issued and service through publication was also made but none appeared on behalf of the petitioner, therefore, he was proceeded against ex parte, evidence of Respondent No. 2 was recorded and the suit of the respondents was decreed vide ex parte judgment dated 23.01.2014 in the terms that the marriage was dissolved on the basis of khula, the plaintiff was held entitled to recover dowry articles as per list Ex.P1/2 except gold…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492