Law:

Section:

Family Courts Act (XXXV of 1964)--- --------S. 5, Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Maintenance allowance---Enhancement of quantum of maintenance for minor---Reasonable level of sustenance for minor---Contentions of the defendant (father) were that Family Court had misread and non-read the evidence on record; that the defendant (father) was a labourer and was working on daily wages while he had also to support his old parents; that plaintiff (respondent) failed to prove the income of the defendant by bringing on record any cogent evidence---Validity---Contention of the defendant that he was a labourer on daily wages was just a bald assertion as he had failed to bring any material or evidence in support of his claim---Family Court had awarded maintenance to the minor at the rate of Rs.1500/- per month, considering the version of the father that he was a labourer and could not afford to maintain his child on a higher level---Family Court had rightly taken into consideration the minimum needs of a five years old girl, but no one could deny the inflation rate and ever rising prices of commodities in the country---Appellate Court left with no option but to use its judicial mind to arrive at a reasonable level of sustenance for the minor, who could not be left to strive on the plea, which had not been proved by the father that he had very meagre resources---Even if the claim of the defendant was considered that he was a labourer, meaning thereby that he was an able-bodied person and he could undertake additional work to meet up with his obligation of providing maintenance to his minor child, at least, to a level that she was able to sustain herself---No illegality or perversity in the of the appellate court was found---Constitutional petition was dismissed in limine. THIS ORDER PASSED BY: MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE:------------------ The petitioner has assailed the judgment and decree dated 23.4.2014, passed by learned Additional District Judge, Arifwala, whereby the said learned Court has enhanced the quantum of maintenance of the minor/Afifa Batool from Rs.1,500/- to Rs.2,000/-, per month. 2. It is contended by learned…

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