| Citation(s) |
|---|
| 2018 SLG 2572 2018 SLD 2572 2018 PLD 916 |
Lahore High Court
W.P. Nos. 154537 and 194641 of 2018, hearing Date : 11-09-2018
AYESHA A. MALIK, JUSTICE
Petitioner(s) by: Chaudhary Aurangzeb Gujjar (in W.P. No. 154537/2018) and for
Respondent Nos. 2 to 5 (in W.P. No. 194641/2018).
Respondent(s) by: Imran Muhammad Sarwar in W.P. No. 154537/18 and for Petitioner (in W.P. No. 194641/2018).
W.P. Nos. 154537 and 194641 of 2018, hearing Date : 11-09-2018
AYESHA A. MALIK, JUSTICE
Petitioner(s) by: Chaudhary Aurangzeb Gujjar (in W.P. No. 154537/2018) and for
Respondent Nos. 2 to 5 (in W.P. No. 194641/2018).
Respondent(s) by: Imran Muhammad Sarwar in W.P. No. 154537/18 and for Petitioner (in W.P. No. 194641/2018).
NAZIA BIBI AND OTHERS
VS
ADDITIONAL DISTRICT JUDGE, FEROZEWALA AND OTHERS
Law: Family Courts Act, 1964
Section: 5,17A(4), Schedule
(a) Family Courts Act (XXXV of 1964)--- ---S. 5, Sched.---Decree passed by Family Court fixing monthly maintenance allowance for minors---Mother filing application for enhancement of maintenance allowance subsequent to the decree---Maintainability---Application for enhancement of minor's maintenance allowance may be filed subsequent to a and decree. Muhammad Iqbal v. Mst. Nasreen Akhtar 2012 CLC 1407 ref. (b) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Maintenance allowance for minors, enhancement of---Financial standing of father---Family Court decreed the suit filed by the mother and ordered the father to pay Rs.7000/- per month as maintenance for each minor along with 10% yearly increase---Appellate Court enhanced the monthly maintenance allowance for each minor from Rs.7000/- to Rs.12,000/- per month with 10% yearly increase---Contention of mother that father of the minors was capable of paying far more than Rs.12,000/- per month per child which was reflected from his tax returns and property documents---Validity---Appellate Court enhanced the maintenance from Rs.7000/- to Rs.12,000/- per month per child, with 10% annual increase on the basis of the financial status of the father and the daily growing requirements of the minors---However Appellate Court made no discussion about the enhanced requirements of the minors nor was there any discussion on the earning capacity of the father---Appellate Court assumed that Rs.12000/- per child was sufficient, but there was no discussion on the ages of the minors, on the needs of the minors nor any finding on the earning capacity/income of the father---In such circumstances impugned of Appellate Court to the extent of quantum of maintenance allowance for minors was set aside and the matter was remanded to the Appellate Court to consider all relevant facts and documents and make a proper determination with respect to fixation of the maintenance of the minors, after hearing both the parties and pass a speaking order in accordance with law---Constitutional petitions were allowed accordingly. (c) Administration of justice --- ----Judicial order---Such order must be a speaking order where the reasons were…
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