RESIMA SULTANA Vs. KHAEZ AHMED MOJUMDER

JUDGEMENT

(1.) The main question raised for decision in this plaintiffs appeal by leave is whether a family court has power under sub-section (5) of section 16 of the Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985, briefly, the Ordinance, to direct payment of any money to be paid under a decree passed by it during execution proceeding. The High Court Division has answered the question in the affirmative and it will be seen at the end that the question, not a very difficult one, has been answered correctly.

(2.) The appellant as plaintiff instituted Family Suit No. 35 of 1988 in the Family Court (Senior Assistant Judge, Sadar, Comilla) claiming dower and maintenance from the defendant-respondent. The suit was decreed on 13-6-89 for an amount of Taka 1,77,575.00 Taka 1, 75,000.00 as dower and Taka 2,575.00 for maintenances for the period of iddat. The decree was drawn up on 17-8-89 under section 16(1) of the said Ordinance.

(3.) The respondent preferred family appeal No. 24 of 1989 before the District Judge, Comilla against the aforesaid judgment and decree but the appeal was dismissed by judgment and decree dated 17-4-1990.