Law: West Pakistan Family Courts Act, 1964

Section: 5

  West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Decree for restitution of conjugal rights---Nature of---Such decree is not an absolute decree and cannot be enforced by Courts of justice. Ma Hta v. Aye Mating AIR 1931 Rang. 111(1) ref. Muhammadan Law--- ----Dower---Non-payment           of            dower           to wife---Effect---Where husband sues a wife for restitution of conjugal rights before sexual intercourse takes place, non payment of dower is a complete defence and the suit will be dismissed---Where suit is brought after sexual intercourse was taken place with her free consent, the proper decree passed is a decree for restitution conditional on payment of prompt dower. Muhammadan Law--- ----Dower---Meaning of---Demand of maintenance of wife, while living apart, where the dower has not been paid---Validity---Dower is a debt upon husband-- Wife -can demand dower after valid retirement and if the dower is not paid, she becomes entitled to live apart from   her husband till her dower is paid---Husband is bound to pay his wife, maintenance even though the wife is living apart from him without any other reasonable cause. Rahilan v. Sana Ullah PLD 1959 (W.P.) Lah. 470 rel. West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Suit for maintenance was decreed in favour of wife and same was affirmed on appeal---Concurrent findings given by Courts below did not warrant any interference by High Court in exercise of Constitutional jurisdiction---Petition was dismissed in circumstances. West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Enhancement of maintenance allowance---Validity---Total monthly income of the husband was Rs.5,000/6,000 per month and the maintenance allowance fixed by Trial Court, for the wife was Rs.1,000 per month and the same was affirmed …