Bahawari v. Bahawri (PC) Civ. App. 70D-70; 29/3/71; Pandu J.

 

Bahawari v. Bahawri (PC) Civ. App. 70D-70; 29/3/71; Pandu J.

The appellant was ordered by the Primary Court to pay Shs. 1,550/- to the respondent as maintenance of his wife for the period of 17 months and 18 days. The District Court affirmed the order and this appeal were then brought. The grounds of appeal were that: (a) the local courts had no jurisdiction in the matter as the parties were Arabs from Arabia; (b) the wife was living in her husband’s father’s house and therefore there was no obligation to maintain her.

Held: (1) “When the need for the claim to be instituted in Court arose the appellant (then defendant) was residing here where he carries on business and, as such, under section 18 (a) of the Civil Procedure code 1966, the Court is competent to deal with the suit as here is where he carries on business.” (2) “On the other hand, the appellant did not raise this objection to the Court of first instance and this being an appellate court he cannot-without being satisfied that “ there has been a consequent failure of justice”, and I am convinced that there is no such failure – entertain this objection as provided under section 19 of the Civil Procedure Code.” (3) “Here for the wife to be living in her father’s or husband’s father’s house (as the two are brothers) is a very weak reason for the appellant to base his argument against maintaining his wife. The reason is father weakened by the fact that the husband at the moment is not at home but in far away foreign country.” (4) Appeal dismissed.