Law: Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5---Constitution of Pakistan (1973), Art.185(3)---Maintenance allowance-- Determination---Arrangement, for payment of arrears of past maintenance and future maintenance of minor children---Suit was decreed by Family Court against father of the minors---Judgment and decree passed by the Family Court were maintained by Appellate Court with certain modification .in the period of past maintenance--­Constitutional petition against both the s and decrees was disposed of by High Court in the light of arrangement arrived at by the parties for the payment of past maintenance---Validity---Father of the minors had agreed to the arrangement of payment of arrears of maintenance in the manner as given by. High Court in its --­After acceptance of such arrangement and agreeing to pay the liability against him, the father of minors could not turn around to question the same on flimsy grounds---Supreme Court declined to interfere with the order passed by High Court---Leave to appeal was refused. JUDGMENT MIAN MUHAMMAD AJMAL, J.---Leave to appeal is sought against the judgment of the Lahore High Court, Lahore dated 17-5-2001, whereby Writ Petition No.12626 of 2000 of the petitioner was disposed of as under:-- "Learned counsel for respondent does not object to this arrangement. Accordingly the petitioner shall deposit Rs.10,000 before the 1st of June, 2001, Rs.9,000 as arrears of maintenance and Rs.1,000 as current maintenance. He shall deposit the same amount monthly for the next 9 months. Thereafter he shall deposit Rs.2,000 in the 10 months. The arrears of maintenance shall be deposited with the learned trial Court and thereafter the petitioner shall send money order for the ongoing maintenance of the minors, as long as they are entitled to receive the same under the law." 2. Resume of the case is that on 11-2-1999 respondents Nos.1, 2 and 3 instituted a suit for maintenance allowance against the petitioner before Judge Family Court, Gojra. The…

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