Bangladesh Form No.

3701
HIGH COURT FORM NO. J(2)
HEADING OF JUDGMENT IN ORIGINAL
SUIT/CASE
District: Dhaka
In The

Present:

Date:

Family Suit No 32 of 2016

1.

............... Plaintiffs

Versus

2.

......... Defendants
This suit coming o for final hearing on
In the presence of-

• Advocate for plaintiffs

• Advocate /Pleader for Defendants

And having stood for consideration to this day, the court delivered the

following judgment:-

This is a family suit filed under the provisions 5(c) and (d) of
Family Court Ordinance,1985 for getting dower and maintenance.

The plaintiff’s case, in short, is as follows:

The plaintiff and defendant got married on 09/12/2014 by

registered kabinnama and their dower amount was 05,00,000TK
full amount remain unpaid. The defendant tortured the plaintiff for
dowry. Defendant divorced plaintiff on 24/08/2015. The plaintiff
claimed maintenance and dower.

On the other hand, the defendant has contested the suit by filing a
written statement denying the material facts and allegations of the

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 plaintiff’s statement. The defendant’s case in a nutshell, is as
follows:

The defendant stated that the plaintiff was a disobedient wife

during their relationship. She went to different places on her own
will. She cannot get the money according to the plaint. Moreover,
the defendant has not divorced plaintiff. The defendant wants the
suit to be dismissed on cost.

Issues

In view of the pleadings of the parties the issues mentioned

hereinafter have been framed for the determination of the suit:

1. Whether the suit maintainable in the present form and manner?

2. Whether the plaintiff is entitled to get relief as prayed for?

Findings and decision

During hearing of the suit the plaintiff has examined herself with
another witness in order to substantiate her case. The defendant
has examined him as DW-1.Document produced by the plaintiff
has been exhibited in numerical order as 1.

I have perused the record, observed the documents placed before

me, observed the deposition given on oath by the witness and
above all I have heard the learned lawyers for both sides.

Issue number 1

This is a suit brought under Family Court Ordinance, 1985 to get

dower and maintenance.

Plaintiff has filed the suit by giving correct court fees in the
appropriate court with jurisdiction. The defendant has stated in
the written statement that the suit is not maintainable in the
present form and nature. But they have not shown any reason
for this in the statement or in the subsequent process of the suit.

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 Thus, I am of the opinion that the suit is maintainable in its
present form and nature and as such the issue number 1 stands
decided in favour of the plaintiff.

Issue number 2

Both parties of the suit agreed about their marriage which does
not need to be proved.
The plaintiff stated in the plaint that her dower money was not
paid. On the other hand, the defendant stated that she is not
eligible to get the dower amount. No reasonable excuse has been
shown and the Court is of the opinion that the plaintiff will get her
dower money.

The defendant has stated in his deposition that he has divorced

the plaintiff on 14/10/15. As the parties are divorced the plaintiff
will get her dower; 500,000TK.

Regarding maintenance, the plaintiff claims so from iddat period

maintenance. But the plaintiff has neither produced any neutral
witness nor any evidence of any kind that she was not maintained
from the said date. So the Court is of the opinion that the plaintiff
will get maintenance during the iddat period for three months at
the rate of 5000 TK which is 15000TK. In grand total the plaintiff
should get 500,000 +15000=515,000TK.

Thus, from the above discussion I am of the opinion that the

plaintiff is able to prove her claim. So the suit can be decreed in
favor of the plaintiff.

Court fees paid are correct.

Hence,

it is ordered

that the suit is decreed on contest against the defendant. The

plaintiff should get her dower and iddat period maintenance from
the defendant, in total the amount is 515,000TK. The decrial
amount should be paid by the defendant within 30 (thirty) days of

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the decree. If defendant fails to pay any amount, plaintiff can
realize the money in accordance with law.