1988 PLP 1314 (MLD)

This order will dispose of TA.No.170‑C of 1988 and TA.No.171‑C of 1988 as these relate to the same parties.

2. Relevant facts for the disposal of these applications are that the petitioner‑wife filed a suit for dissolution of marriage and the respondent husband replied by filing a suit for restitution of conjugal rights. Both were tried together. The petitioner's suit was decreed and that of the respondent was dismissed by the learned Judge, Family Court, Gujrat. The net result is that the petitioner‑wife stands divorced under the decree of a Court from the respondent husband.

3. The petitioner had also filed a suit for maintenance for herself and a child born out of the wed‑lock. It is stated that that has been decreed and the respondent has gone in appeal which is pending before the learned Additional District Judge, Gujrat.

4. The respondent‑husband has flied a suit for custody of the child before a learned Guardian Judge, Rawalpindi. He has also filed a suit for recovery of Rs.20,000 against the petitioner in respect of the ornaments allegedly taken away by the petitioner at the time of her leaving the house of the respondent, before a learned Civil Judge, Rawalpindi. The afore‑titled applications seek transfer of these two suits, that is to say the one for custody of the minor and the other for the recovery of Rs.20,000 filed by the respondent before the Courts at Rawalpindi to Gujrat where she herself has filed a suit for recovery of dowry worth Rs.22,000.

5. During the course o~ arguments and after discussion the parties have come to a compromise with which their learned counsel agree and it is to the following effect:‑ (1) That the petitioner‑wife gives up her claim for maintenance earlier decreed in her favour against which the respondent‑husband has gone in appeal which is pending before the Additional District Judge, Gujrat. (2) The petitioner‑wife also gives up her claim to dowry worth Rs.22,000 and the suit filed in that behalf would be withdrawn. (3) On the other hand, the respondent has agreed to withdraw the suit for the custody of the minor and for recovery of a sum of Rs.20,000 pending in the Courts at Rawalpindi. He would also withdraw the appeal against the decree of grant of maintenance to the petitioner and the minor child. (4) That the respondent will pay the maintenance to the child decreed in favour of the minor per month before ,15th of each month. (5) As regards the arrears of maintenance decreed in favour of the minor, the respondent shall pay the same within a year in four equal instalments. (6) The respondent shall also pay a sum of Rs.8,000 in respect of dowry to the petitioner out of which Rs.5,000 shall be paid within the next two months and the balance of Rs.3;000 shall be paid in three equal instalments within a year. The aforementioned payments shall be made through money orders. In case of default of any of the instalments or payment of RsS,000 within the next two months, all the amounts payable under this agreement shall become immediately payable and the respondent will be liable for the consequences. The consequences of default shall not immediately follow if the payments are made within next two months of the due dates which default may have occurred on account of various reasons‑‑though the efforts shall be made that the payments are made before the due dates. The respondent will have a right to see the child and for that an application may be made to the learned counsel dealing with Guardianship matters at Gujrat who will issue directions to the petitioner to produce the chilled in his Court enabling the respondent to see the child.

6. The agreement has been dictated in the Court and the ]carried counsel agree thereto. It seems to be in the best interest of 4.he parties and the administration of justice that all the disputes have been solved, The marriage unfortunately having broken down and the child being with mother, the latter should look after and bring up the child as best as possible. The maintenance, the respondent shall pay in accordance with the aforestated terms. The suit filed by the petitioner for dowry worth Rs.22,000 and for recovery of Rs.20,000 and for withdrawn and dismissed as such. The respondent's suit for recovery of Rs.20,000 and for the custody of the minor child pending in the Courts at Rawalpindi shall also stand withdrawn and dismissed as such. The appeal filed by the respondent against the decree of maintenance before the Additional District Judge, Gujrat too shall stand withdrawn and dismissed as such. The petitioner has given up her own right. to the maintenance under the decree as mentioned above. As regards the maintenance allowed to the minor child under the decree, the respondent shall make payments as mentioned above. The petitions are thus disposed of leaving the parties to bear their own costs. AA./N‑133/L Order accordingly.