Law:

Section:

(a) West Pakistan Family Court Act (XXXV of 1964)--- ----S. 5, Sched.----Constitution of Pakistan, Art.199---Constitutional petition---Maintenance, quantum of--Annual increase in maintenance of minors, basis of---Financial status of father---Consolidated suits for restitution of conjugal rights and maintenance---Trial Court decreed the suit for restitution of conjugal rights subject to provision of separate accommodation to wife---Suit for maintenance was also decreed awarding maintenance to wife at the rate of Rs.3,000 per month till rejoining her husband or completion of Iddat period in case of divorce and to minors at the rate of Rs.7,000 per month each with an annual increase of 25%---Petitioner/husband appealed against both the decrees on the grounds that wife was not entitled to any maintenance in view of the decree for restitution of conjugal rights, whereas the rate of maintenance fixed for both minors was exorbitant---Appellate court upheld both decrees agreeing with the findings of the Trial Court---Validity---Trial Court had fixed the maintenance keeping in view the financial status of father and evidence available on record---Impugned s passed by both the courts below were the result of proper appraisal of evidence, except the annual increase in maintenance of minors at the rate of 25% per annum which was not supported by any reasoning as both the courts below had failed to give any justification for the increase---High Court partly allowed the petition reducing the annual increase in the maintenance allowance of minors of 25% to 5% per annum and upheld the rest of the and decrees of both the courts below. Tauqeer Ahmad Qureshi v. Additional District Judge, Lahore and 2 others PLD 2009 SC 760; Muhammad Younas v. Additional District Judge Pasrur and 2 others PLD 2011 Lah. 493 and Rana Muhammad Ashraf v. Tanveer Kausar and others 2011 CLC 1999 rel. (b) Constitution of Pakistan--- ----Art. 199----Scope---Constitutional jurisdiction against concurrent findings---High Court exercises restraint while interfering with the concurrent findings of courts below---Constitutional jurisdiction cannot be exercised only for substituting the view already taken by…

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