Law: Family Courts Act, 1964

Section: XXXV,5,7,9,17A

Law: Constitution of Pakistan, 1973

Section: 199

Family Courts Act (XXXV of 1964)-------Ss. 5, 7, 9 & 17A---Suit for restitution of conjugal rights---Maintenance allowance---Petitioner / husband was aggrieved of fixation of monthly maintenance allowance to respondent / wife during proceedings of suit for restitution of conjugal rights---Validity---Wife while resisting a suit for restitution of conjugal rights can raise any of the permissible claims covered under Family Courts Act, 1964 but in such case Family Court would be obliged to provide opportunity to husband (plaintiff) to file a rejoinder in response thereto, which has to be treated as written statement on his behalf---Family Court allowed respondent / wife to raise her claim of maintenance while responding in suit for restitution of conjugal rights, filed by petitioner / husband but without affording the latter an opportunity to submit rejoinder and had proceeded to fix interim maintenance of respondent / wife which even otherwise, was negation of S. 17A of Family Courts Act, 1964---High Court directed Family Court to permit petitioner / husband to file his rejoinder to claim of maintenance, raised by respondent / wife in her written statement and on receipt of the same, if so filed, proceed to fix interim maintenance---High Court set aside order passed Family Court fixing maintenance allowance---Constitutional petition was allowed accordingly.Mst. Yasmeen Bibi v. Muhammad Ghazanfar Khan and others PLD 2016 SC 613; Sayed Abbas Taqi Mehdi v. Mst. Sayeda Sabahat Batool and others 2010 SCMR 1840; Major Muhammad Khalid Karim v. Mst. Saadia Yaqub and others PLD 2012 SC 66; Akhtar Kamal v. Mst. Samreen Akhtar and 2 others 2018 CLC 887 and Shehryar Gul v. Mst. Sadaf Bibi 2016 MLD 200 ref.Dates of hearing: 9th October and 11th November, 2024.JUDGMENTMIRZA VIQAS RAUF, J.---The petitioner was married to respondent No.1 (hereinafter referred to as "respondent") on 13th August, 2018. On account of some differences, "respondent" left the house of the petitioner on 24th September, 2022 which prompted the petitioner to institute a suit for restitution of conjugal rights. In order to resist the suit, the "respondent" submitted her written statement wherein she…

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