Seen. The record is taken up for passing
necessary order. This is a family suit instituted seeking for
recovering Dower money and Maintenance against the Defendant. Perused the
Planit, Plaintiff’s deposition given as PW-01, documentary evidence marked as Exhibit
No.1, and the record. It appears that a marriage was contracted and registered
between Plaintiff and the Defendant on 23/04/2010. A son, Plaintiff No. 02, was born on 10/10/2011 in
the womb of the plaintiff No.01 at the defendant’s paternal legitimacy. Exhibit No.
01, the certified copy of the Nikahnama, demonstrates that Dower was fixed Tk. 35,000/-
only for their marriage with the instant payment of Tk. 100 in terms of
ornaments. It is also found that Plaintiff admitted Talak through which their
marital tie got dissolved and terminated. Hence, it is decided that the
plaintiff No. 01 is entitled to get her unpaid dower money at Taka 34,900/.
With assigning some reasons, Plaintiff also prayed for the recovery of maintenance for herself and her child, plaintiff No. 02. The child in question is admittedly their offspring. It is now well-settled 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. It is to be underscored by saying that the mother cannot be compelled to provide milk to a child but the father is under a duty to provide a nurse. He is bound to maintain even if he is indigent or the children are in the custody of the mother. But such maintenance is to be assessed in cognizance of the father’s affordable conditions or the customs and practices.
Pertinently, the impugned minor is an 11-year old-female person who as of nearly 06 years old, who needs adequate food, education, and lodging as well as decent raiment. It is also asserted that the defendant is a riksha peddler, and also has some land to cultivate. He is claimed to be capable of working too. In consideration of the pleading, facts, surrounding circumstances and pieces of evidence both oral and documentary on record, it appears before the Court that the plaintiff has proved his claims. So, the Plaintiffs are held to be entitled to get her unpaid dower money; and maintenance just and reasonable according to the socio-economic conditions of the parties. Therefore, the suit deserves to be decreed in part.
The 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 No. 01 is entitled to get Tk. 34,900 as dower money and Tk. 3000 as maintenance for 03 months of Iddat period, being total Tk. 37,900 by virtue of the decree. Plaintiff No. 02 is also hereby entitled to get Tk. 54,000/- [i.e. 26x1000)] as Maintenance of 54 months from the date of the institution of the very suit to date. The Defendant is ordered to pay the decreed amount within the next 30 (thirty) days from the date, failing which, the Plaintiffs may take steps in accordance with the law.
However, it is further ordered that the parties to the suit may, through the court, revise the amount of the future maintenance once within 36 months.
Composed and corrected by