Law: Family Courts Act, 1964

Section: 5,17A

Family Courts Act (XXXV of 1964)--- ----Ss. 5 & 17-A---Interim maintenance, grant of---Minor suckling baby---Razayat and Hazanat---Scope---Petitioner was ex-husband of respondent and was aggrieved of order passed by Family Court to provide interim maintenance allowance to respondent for their minor suckling baby after divorce---Validity---Concept of Razayat and Hazanat were well established and every child had following rights over its parents, (a) right of razayat or being suckled; (b) right of fosterage and being brought up; and (c) right of being trained and educated---High Court declined to interfere in constitutional jurisdiction as Family Court had rightly included interim maintenance for divorced mother of minor as order passed by Family Court was only tentative in nature and amount of maintenance would finally be decided after recording of evidence---Constitutional petition was dismissed in circumstances. Ayat No.233 of Surah Al-Baqra from the Holy Qur'an; A.R. Khan v. P.N. Boga through LR PLD 1987 SC 107; Messrs Home Comforts v. Mirza Rashid Baig and others 1992 SCMR 1290; Federation of Pakistan v. Amir Hamza 2001 SCMR 1959; Noor Muhammad, Lambardar v. Member (Revenue), Board of Revenue, Punjab, Lahore and others 2003 SCMR 708; Overseas Pakistanis Foundation and others v. Sqn. Ldr. (Retd.) Syed Mukhtar Ali Shah and another 2007 SCMR 569; Ayat No.6 of Surah Talaq by Mr. Abdullah Yusuf Ali in Volume-III at pages 1564 and 1565 Three-Volume Edition - 1969; Muhammad Aslam v. Muhammad Usman and others 2004 CLC 473; Captain S.M. Aslam v. Mst. Rubi Akhtar 1996 CLC 1; Muhammad Ameen v. Mst. Mehar un Nisa and others PLD 1988 FSC 100; Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary, S&GAD, Karachi and another 1996 SCMR 1165; Muhammad Tabish Naeem Khan v. Additional District Judge, Lahore and others 2014 SCMR 1365; Amjad Iqbal v. Mst. Nida Sohail and others 2015 SCMR 128 and Mst. Tahira and 4 others v. Muhammad Irfan and another 2018 MLD 407 rel. THIS ORDER PASSED BY: SHAKIL-UR-REHMAN KHAN, J.--- The relevant facts for the decision of the instant petition are that Naveed Ahmed, petitioner was married to Mst. Mehwish Riaz, respondent…

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