Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched. & S.14(2)(c)---Constitution of Pakistan (1973), Art. 199­--Constitutional petition---Suit for maintenance---Appeal; maintainability of---When a decree for maintenance was granted at the rate of Rs.1,000 per month or less, plaintiff decree-holder could file appeal before District Judge for enhancement of rate of the maintenance allowance---If a decree had been passed against -debtor for a sole minor up to Rs.1000 or more--than Rs.1,000, then -debtor would be competent to file appeal before District Judge---Where Family Court had awarded decree up to Rs.1,000 or less than. Rs.1,000, Judgment-debtor would not be able to tile an appeal before District Court and remedy of filing of Constitutional petition would be available---Words used in cl.(c) of subsection (2) of S.14 of West Pakistan Family Courts Act, 1964, were "per month"---When the word "decree" was taken with words "per month" it would not mean that decree was to be per month per person--­Decree had to be regarded in toto and amount as fixed in totality for which -debtor was alleged to pay, had to be kept in mind--­Decree in the present case had fixed Rs.1,000 per, person which would become Rs.2,000 for two minors in case per month, decree had to be considered to have been passed for Rs.2,000 against -debtor--­Appeal would lie in such case before District Court accordingly. 1999 MLD 2723; Muhammad Sharif v. Judge Family Court Bahawalpur and 3 others 2002 CLC 270; Mst. Neelam Nausheen and others v. Raja Muhammad Khaqaan and others 2002 MLD 784; Khawaja Muhammad v. District Judge, Mansehra 1999 MLD 2723; Muhammad Sharif v. Judge Family Court, Bahawalpur and 3 others 2002 CLC 274; Ghulam Hussain and others v. Mushtaq Ahmad and others PLD 1994 SC 870 and Razi Khan and others v. Syed Karim Shah and others 1992 SCMR 445 ref. ORDER This writ petition has raised an important question for the interpretation of section 14(2)(c) of the West Pakistan Family Courts Act, 1964 with the following facts:- Muhammad Azeem Kashif and Muhammad Faheem Kashif, minor sons of Muhammad Lateef Kashif through their mother Mst. Naheed Firdous moved the learned Judge…

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