The court ruled that prior waivers of maintenance rights in divorce proceedings foreclose claims for nafkah iddah and mutaah, affirming the legal effects of full settlement representations.

JUDGMENT

Abdul Rahim Abdul Jalil:

Background

[1] The present Originating Summons is the plaintiff-wife's ("the Wife") application for payment of nafkah iddah and mutaah from the defendant-husband ("the Husband"). The parties are Singapore citizens.

[2] The backgrounds facts are as follows.

(a) The parties married on 3 August 1995 in Karachi, Pakistan.

(b) There are four children to the marriage, born in 1999, 2004, 208 and 2013.

(c) On 23 January 2016, the Wife filed a "Suit for Dissolution of Marriage by way of khulla" in the Court of Family Judge Karachi South in Pakistan ("the Wife's Pakistan Divorce Application").

[3] Paragraph 8 of the Wife's Pakistan Divorce Application reads:

That the plaintiff is ready / prepared to forgo her dower amount, past and future maintenance amount from the defendant and she is also ready to return the prompt dower amount to the defendant in lieu of 'Khula' granted by his [sic] Hon'able [sic] Court for relief.

[4] In the Wife's Pakistan Divorce Application, the Wife prayed for the following:

It is therefore prayed that this Hon'able [sic] Court may be pleased to pass judgment and decree:

(a) To dissolve the marriage of the Plaintiff with the Defendant by way of khulla in lieu of / forgo her dower amount past and future maintenance.

(b) The Plaintiff is also ready / prepared to return the prompt dower amount to the defendant in lieu of "Khula" granted by his Hon'able [sic] Court.

(c) Award cost of the suit to the Plaintiff.

[5] The Wife's Pakistan Divorce Application was signed off by the "Plaintiff" and "Advocate for the Plaintiff'. The Wife was represented by solicitor in the Pakistan proceedings.

[6] On 4 February 2016, the Court of Family Judge Karachi South made its order ("the Decree"). The Decree reads:

Suit presented on 23 January 2016.

Plaintiff [sic] prayer as under:

(a) To dissolve the marriage of plaintiff with the defendant by way of khulla in lieu of / forgo her dower amount, past and future maintenance.

(b) The plaintiff is also ready/prepared to return the prompt dower amount to the defendant in lieu of Khula granted by this Honourable Court.

(c) Any other further relief(s) wich [sic] this Hon'ble [sic] Court may deem fit and proper under the circumstances of the case may also be granted.

This Family Suit came up for final disposal before me Saifullah Phulpto Family Judge, Karachi South, on 04,h day of February 2016, in the presence of both parties and their counsel. Defendant has stated that other issues like dower amount have amicably been settled between the plaintiff and him. He further submit [sic] that he has no objection if this Court has granted the khulla to the Plaintiff. It is ordered that marriage between Ms Rizwana Ameer d/o Muhammad Ameer and Asghar Khurshid s/o Mirza Khursheed Balg is hereby dissolved by way of khulla in lieu of dower amount.

The suit of the plaindff is decreed with no order as to costs. Decree be sent to the concerned competent authority for confirmation according to law.

Given under my hand and the seal of the Court on this 04th day of February 2016.

[7] From the Decree, it can be ascertained that:

(a) Both parties were represented by solicitors.

(b) Both parties and their respective solicitors were present before the Court on 4 February 2016.

(c) The Court dissolved the parties' marriage "by way of khulla in lieu of dower amount".

(d) No other orders were made by the Court.

(e) The Court recorded the Husband's representation that "other issues like dower amount have amicably been settled" between the parties. This representation does not appear to have been refuted by the Wife or the Wife's solicitor.

[8] Be that as it may, it is not disputed between the parties that there has been a divorce.

[9] In April 2017, the Wife took out an application in the Family Justice Courts of Singapore ("FJC") for leave to apply for financial relief consequential on foreign matrimonial proceedings. The leave application is taken out under s 121D of the Women's Charter (Cap 353, 2009 Rev Ed)