November 21, 2018, 10:17 am

Nari-O-Shishu

Plaintiffs suit  for enhanced maintenance for her daughter

 Section-3

54 DLR (2002) 175 Kawsar Choudhury Vs. Latifa Sultana- Plaintiffs suit  for inhanced maintenance for her daughter under the ordinence upon fresh cause of action is maintanable not withstanding the earliar order of the magistrate in exercise of jurisdiction under section 488 CrPC.

     Section -5

14  MLR  (AD)  (2009)  33  Shahid Hamid Vs.Nilufar Momotaz  :  Suit for maintenance dower- When the marriage is admittedly dissolved by talak at the instance of the husband,the is legally entitled to realize dower money as stypulated in the kabinnama and also maintenance during the period of her iddat.The husband having failed to prove  the payment of dower by any consent evidence the Family Court decreed the suit which has been upheld consistently upto the apex court by concurrent findings.

14  MLR  (HCD)  (2009)  465  Jahida Ahmed (Liza) Vs.Syed Noor Uddin Ahmed and anor- Custody of child aged about 10 years has to be decided not only on the factor of age 7 years in case of male but also taking into consideration the best interest of the child – The responded No 1 the father of the child by a deceitful means took his son (Ayon) aged about 10 years old from the custody of the mother the petitioner in UK and brought him to Bangladesh.Meanwhile,during the pendency of the writ petition she filed a suit in the Family court for the custody of her son.The learned judges of the High court Division held custody of the detenu as taken by the respondents illegal and directed the respondents to restore him to the custody of his mother pending the family suit.Their lordships further held that the 7 years factor is not the only criteria to determine the custody  of the minor but the best welfare of the child shall be the paramount consideration.

26  BCR  2006  (HCD)  307  Samina Younus Vs.Major S.M Sarwar : Maintenance of with and children- Wife is entilted to get past maintenance for a period up to 6 years before institution of the suit if she is forced to stay at her fathers and she will also get post maintenance from the date of filling of the suit till marriage continues.So is the children who will get maintenance upto the age of 15 years including past maintenance.

26  BCR  2006 (HCD)  76 Kazi Rashed Akther Vs.Most.Rokshana Choudhury – The maintenance of a wife is the bounden duty of a husband,when the wife is loway to her- The court has the jurisdiction to pass a decree for past maintenance in an appropriate case, when the marriage between husband and wife still subsists.

9  MLR  (AD)  (2004)  71 Keratul Ain  alias Rita and another Vs. Md Salimullah Khan : Custody of minor involves the question of the welfare and best interest of the child – Court has to take into account the consideration of the welfare and best interest of the minor while deciding custody of the child.In that consideration paternal grand father of the child is appointed guardian and given custody of the minor in preference to the claim of mother when she is married to a second husband

54  DLR  (2002)  175  Kowsar Choudhury Vs. Latifa Sultana- Plaintiff suit for enhanced maintenance for her daughter under the ordiance upon fresh cause of action is maintenable notwithstanding the earlier order  of the magistrate in exercise of jurisdiction under section 488 CrPC. 

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