Seen. Heard. Perused the petitions of both sides and the material available on record. On such perusal and the consideration of the grounds enshrined in the defendant’s petition, it appears that an appeal is filed before the honorable Court of the District Judge (Rajshahi) against an order of this court passed in the instant suit but which order is challenged as such has not been reflected in the given information slip. Surprisingly, although today was fixed for F.P.H. at the instance of the defendant side, neither time is prayed, nor any witness is produced or any step is taken for making cross-examination of the PW-01, except furnishing the aforesaid information.
02. On the
other hand, the plaintiff-side turned up with a petition seeking to fix the
suit for an ex parte order since no lawful step is taken on the defendant side.
In the hearing, the Ld. The advocate of the plaintiff-side pleaded that this
suit was instituted on 01.04.19, and to date, only the PW-01 is examined so
far. The suit is also concerned with child maintenance, a child now in the
custody of the plaintiff. Moreover, it also transpires that the defendant’s petition for examining his
thumb impression by the expert is kept on the record till the examination of
the defendant before the court as a witness (vide order No. 23). Hearing as
such and considering a fair opportunity for both parties, it is ordered that the defendant is ordered to be present before
the court on the next fixed date for participating in the F.P.H as a last
resort.
03. However,
with regard to the plaintiff’s petition for an ad-interim order for child
maintenance, it appears that the plaintiff's mother Mst. Golapi Aktar has also
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 the 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.
The next date
is fixed 07.11.2021 for F.P.H. for the defendant-side. Inform Ld. Advocates of
both parties of the order, and send a copy of this order to the defendant as
well.