Law:

Section:

West Pakistan Family Courts Act, 1964 (XXXV of 1964)-- ----S. 9--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Maintenance allowance for special child--Challenge the validity of order--Jurisdiction--Direction to pay of maintenance allowance @ of Rs. 15,000/- for the minor who was a special child--Monthly salary was Rs. 41,000/- and interim maintenance of Rs. 15000/- p.m. was exorbitant--Under S. 9 of Family Court Act, he was obliged to submit his written statement on his appearance in Court--Instead of filing written statement and documents relating to his salary/income, he moved an application u/S. 7 of Act, 1964 pointing out technicalities--Validity--Interim maintenance @ of Rs. 15,000/- pm. for a special child who was under treatment was exorbitant--Such rate of maintenance would be adjustable at the time of final determination of the maintenance is palpably exorbitant, the same can be reduced even in writ jurisdiction. Constitution of Pakistan, 1973-- ----Art. 199--West Pakistan Family Courts Act, 1964, S. 9--Constitutional petition--Interim maintenance--Special child--Jurisdiction of High Court--Validity--Legislature in its own wisdom, did not provide any appeal, revision or review against the order relating to interim maintenance--Held: Order of interim maintenance cannot be disturbed in writ jurisdiction unless the same on the face of it is shown to be exorbitant has not paid even a single penny for his retarted son and is instead fighting legal battle uptil High Court--No case for interference in writ jurisdiction. PLJ 2009 Lah. 108, 2007 MLD 41 & PLD 2004 Lah. 349, ref. THIS ORDER PASSED BY: S. ALI HASSAN RIZVI, JUSTICE---.--- This writ petition filed by Syed Aqdas Abbas petitioner seeks to challenge the validity of order dated 16.4.2009 whereby the learned Judge Family Court, Lahore had directed payment of maintenance allowance at the rate of Rs. 15,000/- for the minor Plaintiff/Respondent No. 2 (SyedMuhammad Irtaza) who was a "special child." 2. The ground taken are that the petitioner had not yet submitted his written statement; that his monthly salary was Rs.41,000/- and that the interim maintenance of Rs. 15,000/- per…

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