JAMILA KHATUN Vs. RUSTOM ALI

JUDGEMENT

(1.) Appellant Jamila Khatun is the wife of respondent Rustom Au, On 6.1.86 she filed Family Court Case No. 1 of 1986 in the Family Court and Upazila Munsif, Fulbaria against the respondent praying for balance dower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 years 1 1/2 months which comes to Taka 66,750.00 in total Taka 67,000.00 and for a decree of dissolution of marriage. By judgment and decree dated 3 1.5.86, the trial Court decreed the suit for Taka 30,287,50.00 representing maintenance for 11 years 1 1/2 months for her child @ Taka 75.00 per month amounting to Taka 10,012,50, maintenance for herself for the same period @ Taka 125.00 per month amounting to Taka 20,025.00 and balance of dower money amounting to Taka 250.00 and also decreed dissolution of marriage. On appeal by the respondent, OC Appeal No. 243 of 1986, the 2nd Court of Subordinate Judge, Mymensingh by judgment and decree dated 25.5.87 dismissed the same and affirmed the judgment and decree of the trial Court. In the revision taken by the respondent, Civil Revision No. 1078 of 1987, a learned Single Judge of the High Court Division by judgment and order dated 19.6.90 set aside the judgment and decree of the lower appellate Court insofar as the decree for past maintenance is concerned, keeping undisturbed all the other reliefs granted to the appellant. The High Court Division allowed maintenance to the appellant with effect from the date of filing of the case i.e. 6.1.86 till the expiry of 3 months from the date of decree of the trial Court (31.5.86) and also granted maintenance to the child from 6.1.86 till the decree of the Court below.

(2.) Leave was granted from the said judgment and order of the High Court Division to consider the appellants submission that the right to maintenance is guided by the personal law of the appellant and her son and that the High Court Division wrongly held that the appellant was not entitled to past maintenance in the absence of a written document.

(3.) The suit was filed by the appellant as plaintiff on the allegations, inter alia, that the appellant and the respondent were married on 3.8.72, the dower being fixed at Taka 500.00 On the same date the respondent transferred 11 acres of land to the appellant by a saf kabala. The couple lived together happily as man and wife and when the appellant was in the family way the respondent sent her to her paternal home. There she gave birth to a male child. Two months after the birth of the child the respondent took back his wife to his house and gradually started assaulting and torturing her physically and mentally. On the 5th Magh, 1381 BS corresponding to 18.1.75, the respondent after mercilessly beating the appellant drove her and her son out from the conjugal home retaining all her ornaments and wearing apparels. The appellant has since been living at her parental home and the respondent has not given her or her son any maintenance since then. A year later she approached the village matbars for a salish which failed. Thereafter the dispute was successively referred, twice each, to a Village Peace Committee and to the Chairman of the Union Parishad, but for four years the dispute remained unresolved. The respondent never gave her possession of 11 acres of land and although he is a man of substance he is denying the appellant and her son of their due maintenance, but he has paid her half of the dower. Hence the suit.