Case Details

Citation(s)
2018 SLG 927 2018 SLD 927 2018 YLR 735
Lahore High Court
Writ Petition No. 10474 of 2016, hearing Date : 1-1-2017.
MUDASSIR KHALID ABBASI, JUSTICE
Mahar Muhammad Iqbal Sargana for Petitioner. Ch. Muhammad Tanvir for
Respondents.

MUHAMMAD IKRAM

VS

DISTRICT JUDGE, SAHIWAL AND 3 OTHERS

Law:

Section:

Family Courts Act (XXXV of 1964)--- ----S.5 & Sched.---Suit for maintenance allowance for minor---Agreement was entered between the parties for maintenance allowance of minor---Effect---Quantum of maintenance allowance of minor---Scope---Petitioner/ father contended that agreement existed between the parties for payment of fixed monthly amount for minor---Respondent/mother contended that fixed monthly amount (as per agreement) till majority of minor was unjustified---Validity---Record revealed that during cross-examination of father of minor, as defense witness, had admitted that at the time of the execution of agreement in question, dowry articles belonging to the respondent were in his possession and he had demanded that if respondent entered into agreement regarding the maintenance of minor the dowry articles would be returned to her---Both the Courts below, in circumstances, had rightly observed that the agreement was executed under compelling circumstances---Settlement between the parties could not take away the lawful entitlement of minor regarding the maintenance---Evidence showed that father had sufficient means to maintain the minor child and Family Court had maintained a balance between the earnings of the father and the essential needs of the minor---No illegality or infirmity having been noticed in of the Courts below, constitutional petition was dismissed accordingly. THIS JUDGMENT DELIVERED BY: MUDASSIR KHALID ABBASI, JUSTICE:---.--- Through this petition under Article 199 of the Constitution, petitioner has challenged the legality of judgment and decree dated 02.10.2015 passed by learned Judge Family Court, Sahiwal/respondent No. 2 and judgment and decree dated 06.02.2016 passed by learned Additional District Judge, Sahiwal/respondent No. . 1. 2. Brief facts of the case are that respondents Nos. 3 and 4 filed a suit for recovery of maintenance allowance and recovery of Rs.16,000/- as maternity expenses which was contested by the petitioner by filing written statement. Vide impugned judgment and decree dated 02.10.2015, respondent No. 2 decided the suits in the following terms:- "The suit of the plaintiffs is hereby decreed and it is decided…
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