Law: Family Courts Act, 1964

Section: 5,Sched

Law: Constitution of Pakistan, 1973

Section: 199

(a) Words and phrases--- ----"Maintenance"---Defined and explained. Muhammadan Law, by D.F. Mulla, para.369 and Black's Law Dictionary, (8th Edn.) ref. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. Entry No.3---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of maintenance allowance of minor daughter---Decree of Family Court awarding maintenance to minor with 10% annual increase therein upheld by Appellate Court---Father's plea was that in absence of any provision in West Pakistan Family Courts Act, 1964, Family Court on its own could not grant such increase in maintenance to minor---Validity---Nothing was available in S.5 of West Pakistan Family Courts Act, 1964 or its Sched. to prohibit Family Court from granting maintenance to needy minor with annual increase therein---Basic requirements of life of a minor would grow with his growing age---Family Court would always be deemed to exercise its parental jurisdiction and supposed to look into future needs of minor while granting maintenance in its age of infancy---Maintenance would never be considered as charity---Forcing minor to stand in attendance before father or appear before Family Court every year with folded hands for annual increase in maintenance would be violative to his/her dignity---Legislature had not provided any fixed rate of maintenance, thus, Family Court could fix its rate while keeping in view financial and social status of parties and requirements of minor and evidence of parties in support thereof---Family Court could grant annual increase in maintenance of minor---High Court by virtue of S.5(3) of West Pakistan Family Courts Act, 1964 had power to add annual increase in already existing Entry at Sr. No.3 of Sched., thereof---High Court dismissed constitutional petition filed by father and directed the Registrar of the Court to place present before Chief Justice for adding suitable entry against Column No.3 of Sched. to the Act by exercising powers provided in S.5(3) thereof---Principles. Khadeeja Bibi and others v. Abdul Raheem and others 2012 SCMR 671 ref. Muhammad Anwar v. Nadia Nasreen and others PLD 2012 Lah. 110 and M. Umar Fraz…

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