SAIMA BATOOL ZEHRA vs HAMID HUSSAIN S — 2022 MLD 1750 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 MLD 1750 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: MLD
Parties: SAIMA BATOOL ZEHRA vs HAMID HUSSAIN S
Subject matter: Civil
Provisions referred to: S. 5

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAIMA BATOOL ZEHRA VS HAMID HUSSAIN S.5, Sched.---Suit for maintenance---Scope---Respondent / defendant was married to the petitioner/plaintiff and out of the said wedlock two children were born---Relations of the parties got strained, petitioner (wife) left the house of respondent (husband) and remained in her parents' house---Ultimately, the parties entered into an agreement---Petitioner preferred suit on the basis of compromise deed by asserting that the respondent had failed to comply with the conditions of the compromise deed---Trial Court partially decreed the suit whereas Appellate Court dismissed the suit---Validity---Compromise deed was an un-attested document and was not exhibited---Petitioner had left the house of her husband due to some domestic problems and had refused to come back to her husband's home---Attorney of petitioner had admitted during cross-examination that the petitioner was not willing to go with the respondent---Petitioner could not claim her maintenance without performing conjugal rights, hence, she was not entitled to maintenance and the judgment passed by Appellate Court to the extent of petitioner was maintained---Record transpired that the respondent had failed to provide maintenance to his children, therefore, the suit was liable to be decreed to the extent of his children---Suit was decreed to the extent that minors were held entitled to a certain amount of maintenance allowance---Petition was disposed of accordingly.

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