Zarifa vs Gh.Qadir

Believing the defendant's witnesses thit the petitioner was given five tolas of Gold and forty tolas of silver by way of ornaments at or about the

time of her marriage, the trial court has refused her the permission to file the suit for recovery of dower debt and maintenance as pauper.

Today I have heard learned counsel for the petitioner alone as no one has appeared on behalf of the respondent despite the fact that the case

was called a number of times.

The only ground as appears from the judgment of the trial court on which the petitioner has been dispaupered is that she received five tolas of

gold and forty tolas of silver at or about the time of her marriage. The petitioner as well as her witnesses clearly state that she is left with no

property out of which she can pay the court fee on the proposed suit. In these circumstances therefore unless the trial court came to the conclusion

that those ornaments weighing five tolas of gold and forty tolas of silver were still with her in tact, she could not have been dispaupered. There is no

such finding recorded by it. That apart, maintenance has been claimed not only on behalf of the petitioner but on behalf of her minor children as

well. Assuming though not granting that she was able to pay the court fee, she was not obliged to pay the same on behalf of her minor children as

well. This aspect appears to have been clearly overlooked by the trial court in dispaupering the petitioner.

Allowing the revision petition I set aside the order of the trial court and declare the petitioner as a pauper entitled to bring her suit as such. The

trial court will now register her application as a regular suit and proceed to dispose it of in accordance with law.