Law: Family Courts Act, 1964

Section: 5,Sched

Law: Family Courts Act, 1964

Section: 5,Sched

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)------S.5, Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Award of maintenance allowance---Nikahnama signed with ulterior motives in a hurried manner---Legality---Suit filed by wife (respondent) for maintenance allowance was decreed by Trial Court---Appeal filed by husband (petitioner) against order of Trial Court was dismissed---Husband contended that he was a student of his wife and she requested him to sign the Nikahnama in order to facilitate her in taking revenge from her ex-husband; that Nikahnama and an iqrarnama regarding payment of maintenance were signed out of respect as he was a student of his wife; that said documents were signed in a hurry and on the next day he left the country, and that he was trapped by his wife in order to extort money from him---Wife contended that husband had executed an Iqrarnama wherein he promised to pay maintenance at the rate of Rs. 40,000 per month---Validity---Plea of husband that he signed the Nikahnama and Iqrarnama out of respect and in a hurried manner was of no help to him, since as soon as an adult of sound mind signed the Nikahnama, he entered into a contract, whereby heavy responsibility was cast upon him to provide basic necessities of life to his wife---Contentions made by husband would not absolve him from fulfilling his obligations which had been imposed upon him under Sharia---Trial Court had taken into consideration each and every aspect of the case while deciding quantum of maintenance---Trial Court had already reduced maintenance of Rs.40,000 as agreed upon by husband in the Iqrarnama to Rs. 5000, which was absolutely justifiable---Constitutional petition was dismissed in circumstances. (b) Islamic law--- ----Marriage---Nikahnama, signing of---Effect---As soon as an adult of sound mind signed the Nikahnama, he entered into a contract, whereby heavy responsibility was cast upon him to provide basic necessities of life to his wife. Ms. Nazia Perveen for Petitioner. Irfan Ali for Respondent No.1. Date of hearing: 4th December, 2012. ORDER AFTAB AHMED GORAR J.--- Through this constitutional petition, the petitioner Mohammad Zaffar…

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