Law: Muhammadan Law

Section: 340

Law: Muhammadan Law

Section: 340

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5---Constitution of Pakistan, Art.199---Constitutional petition---Maintenance of minors---Legitimacy---Presumption---Wife filed suit for recovery of maintenance for minors but husband denied their parentage on the ground that prior to the birth of both the minors he was away in Saudi Arabia---Validity---Husband in his written statement and evidence admitted that before birth of minors he came to Pakistan and remained with, his wife, where he came to know about the birth of daughter and thereafter in his absence his wife left the house---When the husband remained with his wife, it could be presumed that the birth of minors was quite natural---Both the Courts below had taken into consideration the evidence that the children and their mother had also gone to Saudi Arabia---All criminal proceedings initiated by the husband were after the institution of the suit for maintenance, thus the same was to avoid the maintenance---Marriage subsisted and both the Courts below had committed no illegality while awarding maintenance to the minors---High Court declined to interfere in concurrent findings of fact recorded by two Courts below---Petition was dismissed in circumstances. Lata Devi v. Kunta Bai and another 1986 MLD 1483; Mst. Aziz Begum v. Faiz Muhammad PLD 1965 (W.P.) Lah. 399 and Zala Din and another v. Muslim Shah PLD 1968 Pesh. 87 distinguished. Rehmat Khan and 3 others v. Rehmat Khan and another PLD 1991 SC 275 and Lata Devi v. Kunta Bai and another 1987 MLD 1483 ref. Sardar Ghazi Raza Khan Lund for Petitioner. Saifullah Khan for Respondents. Date of hearing: 22nd February, 2011. JUDGMENT KH. IMTIAZ AHMAD, J.--- Through the present writ petition the judgment and decree of the learned Judge Family Court, D.G. Khan dated 25-7-2009 has been challenged whereby the maintenance suit of the plaintiff and the minors was partly decreed and the judgment and decree dated 25-9-2009 passed by the learned Additional District Judge, D.G. Khan whereby the appeal was also dismissed. 2. The relevant facts for the disposal of this writ petition are that Mst. Naseem Mai along with her two minor children, namely, Mst. Zeenat Mai…

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