Law of Maintenance of Muslim divorced Wife:
The law of maintenance of Muslim divorce wife or maintenance of children in Pakistan is that divorce wife gets maintenance till the period of iddat only. The record revealed that an agreement was executed between the petitioner and respondent, and the petitioner was neither party nor signatory of said agreement for maintenance of Muslim divorce wife or maintenance of children in Pakistan.
Term of Agreement:
Terms of the agreement showed that after the respondent’s death, the petitioner would be his legal heir. In case of the petitioner’s death, her brother would be her legal heir and become the exclusive owner of the legacy of the petitioner. High Court observed that it could only determine the legal heir according to the Shariah and law of inheritance. Thus, the agreement in Question had no legal value in the eye of law since it did not execute the same between the petitioner and the respondent.
The third party could not confer rights or impose obligations on another person except the party to it for maintenance of Muslim divorce wife or maintenance of children in Pakistan. Petitioner neither produced her brother as a witness who was alive, so she withheld the best evidence. It gave no details of the house in Nikahnama, and wordings were vague and did not specify which property is referred to the petitioner, who was not even a party to the said agreement, had failed to establish her case. Adjournment granted by the reader. The reader of the Court has no authority authorized by/any specific order of the Chief Justice in the absence of any express authorization. It would be disastrous to allow Readers to fix dates of hearing. Such contract of proceeding declared without jurisdiction
Maintenance of children in Pakistan:
Regarding the maintenance of Muslim divorce wife or maintenance of children in Pakistan Suit for recovery of dower and dowry articles decreed by Family Court in favor of the wife, during the pendency of appeal dispute referred to Referee with the parties’ consent. Referee giving his report, not bound to appear in the Court and to make a statement. He can give his decision either by making a statement or by tendering the same in writing. Defendant, not raising any objection about the appointment of Referee which was made with the consent of parties was bound by a statement of Referee for maintenance of Muslim divorce wife or maintenance of children in Pakistan.
They are calling witnesses at any stage. Do not mean that the Family Court can reopen the schedule to allow the parties to produce additional evidence. The provisions of S. 7(2) do not allow other evidence or add names of witnesses in the schedule. It cannot amend the program and cannot count the names of witnesses under this provision of law.
Claim for Dissolution of Marriage:
Claim for dissolution of marriage deferred dower can be entertained simultaneously for maintenance of Muslim divorce wife or maintenance of children in Pakistan. In the interest of avoiding multiplicity of proceedings and in the interest of deferred dower consequent upon the grant of decree for dissolution of marriage, it may be entertained simultaneously by the Family Court. But, of course, the order for payment of deferred dower, in such a case where two reliefs are claimed in one suit, will always depend on the grant of consequent upon a decree for dissolution of marriage, in a given topic, cannot be challenged much less to say that.