Law: Muslim Family Laws Ordinance, 1961

Section: 6,9

Muslim Family Law Ordinance, 1961 (VII of 1961)-- ----Ss. 6 & 9--Muhammadan Law, Ss. 352 & 370--Suit for recovery of dower and maintenance allowance--Decree--Appeal--Partly allowed--No attempt for reconciliation by father--Notice of Divorce--Obligatory duty of father--It is observed that a father who is in a position to provide requisite maintenance to minors, if is not discharging his duties for which he is bound by law of land, principle of religion as well as morality, does not deserve any leniency--A father is bound to maintain his children until they have attained age of puberty--It is also mandate of Section 352 ibid that a father is not relieved from obligation of maintaining them even though they are in custody of their mother--It is obligation of father to pay maintenance to his minor children--Maintenance includes food, raiment, and lodging etc--In order to grapple with spike hike commodities and catering for present days social, physical, mental growth, upbringing and wellbeing of minors, keeping in mind status of family, norms of society and their educational requirements but obviously corresponding to and commensurating with means and capacity of father to pay are obligatory in nature and cannot be brushed aside mere on sole ground that father being infirm or destitute--Appeal allowed. THIS ORDER PASSED BY: TARIQ IFTIKHAR AHMAD, JUSTICE---.--- CM. No. 540-17. For the reasons stated in this CM., the same is allowed and the Writ Petition is restored to its original number. CM.stands disposed of. 2. Learned counsel for the parties are agreed to argue the matter today. Let it be reflected in the today's cause-list. Main Case. 3. Through this order I propose to decide Writ Petition No. 6111 of 2016 titled "Muhammad UmarAwan v. Additional District Judge, etc." and Writ Petition No. 8115 of 2016 titled "Mst. Tasleem Umar etc. v. Additional District Judge, etc." as both the Writ Petitions arise out of the same judgments and decrees rendered by the learned Courts below. 4. According to the facts gathered from the record, Respondent No. 3 filed a suit for recovery of dower and maintenance allowance for herself and for Respondents No. 4 to 7 (minors)…

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