Law: Muslim Family Laws Ordinance, 1961

Section: 9,10

Law: Constitution of Pakistan, 1973

Section: 199

Law: Family Courts Act, 1964

Section: 14(3),17A

Muslim Family Law Ordinance, 1961 (VIII of 1961)-- ----Ss. 9 & 10--Family Courts Act, 1964, Ss. 14(3) & 17-A--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Suit for recovery of dowery articles, Gold Ornaments, maintenance allowance--Suckling baby--Interim orders for maintenance allowance--Constitutional Jurisdiction--Challenge to--Rights of child over its parents: (a) Right of Razayat or being suckled; (b) Right of fosterage and being brought up; & (c) Right of being trained and educated--A special law for such children and for protection of breast feeding has been promulgated, titled as Protection of Breast-Feeding and Child Nutrition Ordinance, 2002--Modern science also recognizes that mother's milk is best food for baby--In this view of matter impugned order, learned Family Court has rightly included interim maintenance for divorced mother of minor--Impugned order is only tentative in nature and amount of maintenance will finally be decided after recording of evidence, therefore, it is not liable to be interfered with at this stage, while exercising constitutional jurisdiction--Petition was dismissed. 2004 CLC 473, PLD 1988 FSC 100, 1996 SCMR 1165, 2014 SCMR 1365, ref. THIS ORDER PASSED BY: SHAKIL UR REHMAN KHAN, JUSTICE---.--- The relevant facts for the decision of the instant petition are that Naveed Ahmed, petitioner was married to Mst. Mehwish Riaz, Respondent No. 1 on 10-02-2017 and minor Abdullah, Respondent No. 2 was born on 16-11-2017. Unfortunately, the petitioner divorced her on 11-5-2018 and she filed a suit for recovery of dowry articles, gold ornaments and maintenance allowance at the rate of Rs. 20,000/- for herself as well as for their minor son as well as recovery of Rs. 5,00,000/- as per Column No. 19 of the Nikahnama. The petitioner filed a contesting written statement. Thereafter, as many as eight (8) issues were framed vide order dated 10-10-2018 and the learned Judge, Family Court also fixed the ad-interim maintenance allowance for Respondent Nos. 1 and 2 at the rate of Rs. 3,500/- per month for each. This order has been challenged to the extent of granting interim maintenance allowance to Respondent No.…

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