Maintenance of Wife in Pakistan and Conjugal Rights:
Law recognized the validity of express stipulations entered into a marriage contract by parties. Since the petitioner had agreed, vide compromise deed, to live along with his wife in a separate house provided by her wife’s parents, he could not take the plea that wife was not entitled to get her maintenance allowance as she was not living with him in his house. The constitutional petition, having no force, was dismissed by High Court. Maintenance of wife in Pakistan was claimed for the period during which she was deserted by husband till divorce in Pakistan became effective. Parties did not dispute such a period.
Wife Contention:
The record supported the wife’s contention that the husband had not made any effort to rehabilitate her through any Court proceedings by filing a suit for restitution of conjugal rights in Pakistan during her deserted period. The husband was bound to maintain his wife in Pakistan but had not paid her maintenance for such a period. The wife was entitled to maintenance from the husband. High Court set aside the order of remand passed by Deputy Commissioner and directed husband to pay maintenance to wife for such period.
Application for maintenance:
Application for maintenance of wife in Pakistan for the period petitioner/husband then she contention of the husband was that the wife had chosen to stay away from him and thus was not entitled to be deserted by the maintenance. The record had shown that the petitioner/husband already had a wife and children from her; respondent/wife was left in the lurch, she knew nothing about his married status as well as about his exact age; husband must have come to his conclusion in not insisting upon incompatible parties (two ladies) jealous of each other, to live together and thereby making life hell not only for them but for him as well. The two ladies were kept apart, not allowing them to know each circumstance, should have no grouse against the second wife as no one could blame her because the husband’s first wife was probably a vixen, and for that reason, he had to stay away from her.
Hardship:
Times have changed, and hardship which wives were prepared to endure in the past, were wife/respondent, therefore, in the peculiar facts and circumstances of the present case, could not be held to be at fault, and she was not disentitled for maintenance by living apart from husband. 1. Suit for recovery of past maintenance-Restitution of conjugal rights. Suit for recovery of past maintenance by wife and husband’s prayer in a written statement for a suit for restitution of conjugal rights in Pakistan was decreed by Family Court by the same judgment. Applications by both parties or execution of their respective part of the decree.
Family Court:
Order of Family Court attaching decreed allowance till satisfaction of decree of suit for restitution of conjugal rights in Pakistan by the wife. She recalled such attachment order by Family Court and directed husband to pay decreed allowance as same could not be attached to compel the wife to obey the decree of conjugal rights passed in his favor. Dismissal of husband’s appeal by Appellate Court filed against recall order. In the interest of justice, the court could recall or modify a patently illegal and unlawful order. According to Order XXI, Rule 33, C.P.C., executing court while executing decree for conjugal rights could not attach decree passed for such allowance in favor of the wife. Husband would be legally bound to maintain his wife if her refusal to live with him was justified by reasonable cause.
