Seen. Heard. Perused the petition for the stay of proceeding of the family execution case, ex parte order passed in the original suit, and the suit record. On such perusal, it appears to the court that this is a suit for recovery of dower and maintenance, and an ex parte order was passed by the court decreeing for dower, and child maintenance. On such perusal and the consideration of the grounds enshrined in the defendant’s petition, it appears that an execution (family) case is already filed and now the judgment debtor prays for a stay of proceeding for the execution case on the ground that a miscellaneous case (family) is already filed and accepted for hearing
02. On close perusal of the materials on record, it vividly transpires that the plaintiff-mother Mst. Golapi Aktar instituted the suit against the father defendant Mr. Md. Shofiqul Islam Liton for maintenance of their minor daughter Miss. Lamia Yasmin. Notably, the defendant unambiguously admits in his pleading that the minor child in question was born under his parental legitimacy; and the latter is now in her mother’s custody. Nothing appears to the contrary on such points. Today, the Ld. Advocate for the plaintiff side sought child maintenance from the father defendant on ad interim basis and no further adjournment of hearing the suit. It is also pleaded that the custodian mother plaintiff suffers from thalassemia and she has to take blood every 2/3 month each, and also she has hardship for having no source of income of her own. Conversely, the defendant works in an engendering shop.
04. Such conditions and observations made hereinbefore make the court recollect that Muslim personal law naturally requires a father to maintain his children and take them every care. Even much weight is attached to children's maintenance under Muslim law. A child even gets priority over parents as far as maintenance is concerned. It is underscored as such that a mother cannot be compelled to provide milk to a child, but the father is under a duty to provide a nurse. Likewise, the father is bound to maintain even if he is indigent or the children are in the mother's custody. Accordingly, the court satisfactorily holds that the defendant currently should pay interim maintenance to the child in question for her sustenance, food, garments, and overall wellbeing; otherwise, it would not prevent the purpose of the suit and the cause of justice from being frustrated.
Hence, the defendant is hereby ordered to pay interim maintenance at the rate of TK. 2000 per month to the impugned child under the provision of 16A of the 1985 Family Court Ordinance from the date at the start of each month till further order. In default, the custodian plaintiff may take steps in accordance with the law. All other parts of the execution case except child maintenance shall be on stay till the disposal of the concerned Miscellaneous case.
Inform Ld. Advocates of both parties of the order, and send a copy of this order to the defendant as well.
Writs are to be put in at once.