| Citation(s) |
|---|
| 2010 SLG 1383 2010 SLD 1383 2010 MLD 1 |
Lahore High Court
Writ Petition No. 10764 of 2009, decision Dated: 19-10-2009.
IJAZ UL AHSAN, JUSTICE
Petitioner(s) by: Ch. Ehsan Sabri
Writ Petition No. 10764 of 2009, decision Dated: 19-10-2009.
IJAZ UL AHSAN, JUSTICE
Petitioner(s) by: Ch. Ehsan Sabri
SHARAFAT ALI
VS
MST. REHANA KAUSER AND OTHERS
Law: Family Courts Act, 1964
Section: 5, Schedule
Law: Constitution of Pakistan, 1973
Section: 199
(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintenance allowance---Enhancement---Plaintiffs filed suit for dissolution of marriage, maintenance allowance and maintenance for her minor daughter @ Rs.5,000 per month---Trial Court decreed suit and awarded a sum of Rs.1300 per month for maintenance of minor daughter and a sum of Rs.100, 000 towards price of dowry articles---Appellate Court on appeal, filed by both parties, enhanced the maintenance amount of the minor daughter from Rs.1300 to Rs.2500 per month with an annual increase @ 10 per cent and value of dowry articles from Rs.100,000 to Rs.200,000---Validity---Minor daughter had a right to grow up in an environment of honour and dignity---Institution of marriage entailed acceptance of responsibility, raising children of the marriage in a healthy environment and providing them sufficient financial means to take care of their educational, living, medical and other material needs---Sufficient material was available on record to show that the defendant had enough means to provide for maintenance of the minor daughter---In these days of rampant inflation and rising prices a sum of Rs. 2500 for a growing child might be just enough to keep her at the subsistence level---Appellate Court had acted fairly, justly and in a reasonable manner---High Court declined to interfere in constitutional jurisdiction. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art. 199---Constitutional petition---List of dowry articles---Marriage being a happy occasion, preparing detailed list of what was given to the bride was in most instances not given much importance for fear of being considered as a bad omen---When situation required proof of what was actually given, list prepared from memory, receipts and other related material has to be relied upon. THIS ORDER PASSED BY: IJAZ-UL-AHSAN, J.--- This petition challenges the judgment and decree passed by the learned Family Judge Jaranwala on 31-1-2009. Both parties assailed the aforesaid judgment before the learned Addl.…
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