Law:

Section:

West Pakistan Family Courts Act, 1964 (XXXV of 1964)-- ----S. 5--Constitution of Pakistan, 1973 Art. 199--Suit for past maintenance--Entitlement for future maintenance--Jurisdiction--Future maintenance already decided--Dower house and cash amount are the basic right of wife to have to be given to her as decreed--Question of fact--Past maintenance should have been granted to wife when it was proved that she was forcibly ousted from the house of petitioner--Husband through the executing Court with a promise that he will maintain wife and her children properly--Held: Wife shall be at liberty to withdraw the said amount from the Court and take possession of said property--Petition dismissed. [P. 153] A & B Judgment A suit was instituted by Zahoor Deen petitioner against Mst. Safina Bibi, daughter of Akbar (wife of the petitioner) for restitution of conjugal rights. Mst. Safina Bibi instituted suit for her self, for her son (Sohail Khan) and her daughter (Maya Bibi) for recovery of Rs. 1,00,000/- as dower, for recovery of Rs.15000/- as past maintenance, for possession of a house, for recovery of Rs.15000/- as past maintenance for Petitioner No. 2, for recovery of Rs.12,000/- as past maintenance for Respondent No. 3. Evidence of the parties was recorded. Suit of the petitioner was decreed subject to conditions mentioned in the judgment dated 15.4.2006 of the learned Judge Family Court for Suit No. 19/FC and 58/FC of 2005. On appeal, the learned Additional District Judge, Haripur, vide his judgment dated 31.10.2006, dismissed the suit of the petitioner for conjugal rights while granted decree for past maintenance as Rs. 42,000/-, for future maintenance at the rates already decided with 10% annual increase, preliminary decree for possession of 1/3rd of dowered house with cash amount of Rs.10,000/-. It aggrieved the present petitioner. 2. The learned counsel for the parties argued the case in detail. The main grievance of the learned counsel for the petitioner is that suit for conjugal rights of the petitioner has been dismissed and decree for future maintenance allowance has also been granted in favour of the respondent. The learned counsel for the respondents…

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