A family suit for recovery of dower money and spousal maintenance
Perused the Plaint, Plaintiff’s deposition given as PW-01, and documentary evidence available on the record. This is a family suit instituted on 18/01/21 and prayed for recovering dower money, and maintenance against Defendant. With assigning some reasons, Plaintiff prayed for the recovery of unpaid dower money and Maintenance for herself. It appears that the marriage was contracted and registered between Plaintiff and Defendant on 12/06/2020 (vide ext: 01). Exhibit No. 01, the certified copy of the registered Nikahnama, demonstrates that the dower was fixed at Tk. 1,40,000/- only with the instant payment of 500/ only. But the nature of the dower is found to be uncertain. Therefore, as per section 10 of the 1961 Muslim Family Laws Ordinance, the entire amount of dower shall be payable on demand. Accordingly, the whole unpaid dower Tk. 1,39,500/- is decided as a prompt dower. So, it is decided that plaintiff No. 01 is entitled to her prompt dower of Tk. 1,39,500/- which remains unpaid to date.
On perusal of the plaintiff’s deposition
given as PW-01, it appears to the Court that the marital tie between the
Plaintiff and Defendant still subsists. It is also asserted that the
defendant has also some of the landed properties, and is capable of working. A
local business also belongs to him. He has contracted a second marriage with
another woman and lives with his parents in their
own house.
In consideration of the pleading, facts, surrounding circumstances, and evidence both oral and documentary on record, it appears before the Court that the plaintiff has proved his claims in part. So, Plaintiff is held to be entitled to get her unpaid prompt dower money of Tk. 1,39,500/- (as prompt dower); and Maintenance just and reasonable according to the socio-economic conditions of the parties. Therefore, the suit deserves to be decreed.
Court fee paid is sufficient.
Hence, it is ordered
that the suit be decreed ex parte against the Defendant without any order as to costs. Accordingly, Plaintiff is hereby entitled to get Tk. 1,39,500/- as unpaid prompt dower; and Tk. 13,000/- i.e. (13x1000), as past maintenance for the last 13 months from the date of the suit’s institution, by virtue of the decree. The defendant is ordered to pay the decreed amount within the next 30 (thirty) days from the date, failing which, Plaintiff may take steps in accordance with the law.
Moreover, it is ordered that Plaintiff will be getting her Maintenance
at the rate of Tk. 2000/- respectively per month from the date till the lawful
period; and
additionally, 200/- taka will be added with the said amount in terms of spouse
maintenance at the start of every Christian year which shall come into
force from the next year. The defendant is directed to pay the monthly maintenance to the
plaintiff within the first week of every month. However, it is further ordered
that the plaintiff may through court revise the amount of the prospective
maintenance once within a period of three years, if applicable.