Case Details

Citation(s)
2001 SLG 2300 2001 SLD 2300 2001 CLC 78
Lahore High Court
Writ Petition No. 10933 of 1999, heard on 14-09-2000
DR. MUNIR AHMAD MUGHAL, J

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Syed NAJMUL HASSAN

VS

Mst. NABEELA TABASSUM and 3 others

Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5---Constitution of Pakistan (1973), Art.199 --- Constitutional petition---Maintenance allowances, claimed by wife and minor daughter--­Appropriateness---Suit filed by wife and minor daughter was decreed by Family Court---Lower Appellate Court modified the decree and fixed a sum of Rs.2,000 and Rs.1,000 per month as maintenance for wife and minor daughter respectively---Validity---Where monthly income of the petitioner was Rs.6,000 per month, Lower Appellate Court had correctly fixed the maintenance which was proper considering the financial position of the petitioner--No illegality having been committed by the Lower Appellate Court in exercise of its jurisdiction, Constitutional petition was dismissed. JUDGMENT This judgment will dispose of Writ Petition No. 10933 of 1999 and Writ Petition No.13971 of 1999 together as both are against the impugned judgment dated 24-5-1999 passed by the learned Additional District Judge, Lahore. 2. Bilqees Begum mother of Mst. Nabeela Tabassum respondent No. l has moved an application that she be allowed to withdraw her power of attorney in favour of her counsel Mr. Saiful Haq Ziay, Advocate in both the aforesaid writ petitions. The application is allowed and she represents the case of her daughter herself: 3. Briefly stated the facts of the case are that respondent No. l Nabeela Tabassum was married to the petitioner Syed Najam-ul-Hassan on 30-i2-1995 for a consideration of Rs.50,000 as prompt dower and an amount of Rs.500 per month as pocket money allowance was fixed for her. Rukhsati took place and marriage was consummated and on 21-2-1996 respondent No.l asked the petitioner to pay prompt dower but he did not accede to her demand and Mst. Syeda Hameed, mother of the petitioner who is midwife got flared up on which the petitioner and his mother ousted respondent No.l from the house while she was pregnant. Since 21-2-1996 respondent No. 1 has been forced to live with her parents. The petitioner and his mother imputed false charge against respondent No. l that her pregnancy was illegitimate, the same caused torture to respondent No.l who became seriously ill and that a…
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