Law: Family Courts Act, 1964

Section: 20,5,Sched

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 20---Constitution of Pakistan, Art.199---Constitutional petition---Maintenance for child---Obligation of father---Mother was capable of earning---Father was extremely poor and was not in a position to pay maintenance allowance to the child---Effect---To maintain his child was obligation of the father and his responsibility could not be absolved merely on the basis that the mother was an earning-hand---Neither the father was stated to be poor nor incapable of earning. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Grant of maintenance allowance for children---Intent and purport---Quantum of maintenance allowance---Determination. Intent and purport of maintenance allowance to a minor child is to enable her/him to continue living at least, in the same state of affairs as the child was used to live prior to separation/divorce amongst the parents and it would be quite unjust and against the norms of propriety if due to separation amongst the parents the child has to relegate to a lower level of living standard or he/she is declined the level or standard of education which was achieved by him/her prior to such happening i.e. separation of parents. At the same time, there is no escape from the fact that financial status of the father is also to be taken into consideration while awarding maintenance. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Maintenance for children---Annual enhancement in maintenance allowance---Trial Court granted annual enhancement in maintenance allowance at the rate of 30%---Petitioner challenged annual enhancement being against statutory provisions---Validity---Keeping in view the increase in day to day needs of the minor vis-à-vis inflationary trend in the country there existed strong factual basis for grant of annual increase in the maintenance of the child. Khadiija Bibi and others v. Abdul Raheem and others 2012 SCMR 671 distinguished. Tauqeer Ahmad Qureshi v. Additional District Judge, Lahore and 2…

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