| Citation(s) |
|---|
| 2016 SLG 2467 2016 SLD 2467 2016 SCMR 2069 |
Supreme Court of Pakistan
Civil Petitions Nos. 30-L and 219-L of 2015, decided on 10th March, 2016. Date of hearing: 10th March, 2016. (Against the judgment Dated 5-12-2014 passed by the Lahore High Court, Lahore in W.Ps. Nos. 31371 of 2012 and 11127 of 2013)
MIAN SAQIB NISAR, JUSTICE AND IQBAL HAMEEDUR RAHMAN, JUSTICE
Ijaz Ahmad Janjua, Advocate Supreme Court for Petitioners (in C.P. 30-L of 2015). Ijaz Ahmad Janjua, Advocate Supreme Court for
Respondent No. 1 (in C.P. No. 219-L of 2015).
Civil Petitions Nos. 30-L and 219-L of 2015, decided on 10th March, 2016. Date of hearing: 10th March, 2016. (Against the judgment Dated 5-12-2014 passed by the Lahore High Court, Lahore in W.Ps. Nos. 31371 of 2012 and 11127 of 2013)
MIAN SAQIB NISAR, JUSTICE AND IQBAL HAMEEDUR RAHMAN, JUSTICE
Ijaz Ahmad Janjua, Advocate Supreme Court for Petitioners (in C.P. 30-L of 2015). Ijaz Ahmad Janjua, Advocate Supreme Court for
Respondent No. 1 (in C.P. No. 219-L of 2015).
SHAHZAD YOUSAF AND others
VS
FARZANA SHAHZAD AND OTHERS
Law:
Section:
Family Courts Act (XXXV of 1964)--- ----S. 17-A [as inserted by the Family Courts (Amendment) Act (XI of 2015)] & Sched. Pt. I---Award of maintenance for minor child and wife till iddat period---Annual increase of 10% in maintenance for minor---Whether such increase was proper---Husband running a business and having good financial standing---Family Court found that the husband has admitted the factum of running a business and failed to substantiate that the business was in financial crisis; that on the contrary the wife produced oral as well as documentary evidence to substantiate that the husband had good financial position; that as such the husband was able to pay maintenance allowance at the rate of Rs.20,000/ (per month) to the wife till her iddat and to the minor at the rate of Rs.20,000/- (per month) with an annual increase of ten percent---High Court while maintaining the maintenance allowance to the wife as well as minor son at the rate of Rs.20,000/- (per month) each reduced the award of annual increase from ten to five percent---Propriety---Conclusion arrived at by the Family Court by holding the wife (till her Iddat) and minor son (till his majority) were entitled to maintenance allowance at the rate of Rs.20,000/- (per month) each with an annual increase of ten percent to the minor was quite justified taking into consideration the financial position of the husband---Moreover, by virtue of S. 17-A of the Family Courts Act, 1964 [as substituted by the Family Courts (Amendment) Act (XI of 2015)] the maintenance was to be increased at the rate of ten percent each year---Supreme Court restored annual increase in maintenance for minor at 10%---Petition for leave to appeal was disposed of accordingly. THIS JUDGMENT DELIVERED BY: IQBAL HAMEEDUR RAHMAN, JUSTICE:----------------- Through this judgment we intend to decide both the listed petitions as both arise of a common judgment dated 5.12.2014 passed in Writ Petitions Nos.31371/12 and 11127/13 which have been disposed of by the High Court in the following terms:- ".... this court hold that the judgment passed by the learned Additional District Judge, whereby judgment dated 09.1.2011 passed by the…
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