Law: Family Courts Act, 1964

Section: 5,Sched

Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.185(3)--­Maintenance of minor children---Enhancing of period of maintenance by High Court while deciding Constitutional petition---Maintenance of two children was fixed by Family Court at the rate of Rs. 1,500 per month for each child from the date of institution of the suit and not from the date as prayed in the suit---Judgment and decree passed by the Family Court was maintained by Appellate Court---High Court, while deciding Constitutional petition filed by the father of minors modified the of Family Court and granted maintenance to the minors from the date as prayed in the suit---Contention of the father of the minors was that no appeal was filed by minors against the and decree passed in their favour thus High Court could not enhance the period for which the maintenance allowance was to be recovered---Validity---Grant of maintenance allowance from the date prayed in the plaint could not be objected to by the father as he was otherwise bound to maintain his daughters during the period prior to filing of the suit---Supreme Court declined to interfere with the passed by High Court as the same was just and equitable---No illegality had been committed by the Courts below while granting maintenance allowance of two children at the rate of Rs.1,500 per month each---Leave to appeal was refused. ORDER MUNIR A. SHEIKH, J.--- This petition is directed against the judgment dated 4-7-2001 passed by Lahore High Court, Lahore, through which petition filed by the petitioner against the judgments of the two Courts below in a suit filed by respondent for the recovery of maintenance allowance of the two children has been dismissed with the modification of the judgments of the Courts below by granting maintenance allowance from January, 1999 instead of July, 1999 to one of the children. 2. The respondents filed a suit on 29-7-1999 before Judge, Family Court, Okara, for recovery of maintenance allowance for two children i.e. son and daughter at the rate of Rs.3,000 p.m. per child from January, 1999. It was contested by the petitioner. The…

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