Law:

Section:

Family Courts Act (XXXV of 1964)--- ----S. 17-A---Suit for maintenance allowance for minors---Striking off defence of the defendant for non-payment of interim maintenance allowance---Scope---Excessive maintenance allowance---Financial position of the defendant---Scope---Petitioner/father contended that Family Court had awarded maintenance allowance without keeping in view his financial position---Validity---Interim maintenance allowance was tentative amount, which was to be fixed after careful examination of available evidence as such the amount could be either enhanced or reduced at the time of final adjudication of the matter---Interim maintenance allowance was subject to variation and adjustment at the time of final decision, which was to be given after recording evidence of the parties---Penal provision under S. 17-A of Family Courts Act, 1964 was directory in nature and not mandatory---Legislature had used, the word" may " in the said provision for the Court to consider many things, while striking off the defence of the defendant and decreeing the suit---Such things obviously included reasonable determination of relief claimed by litigant---Family Court, in the present case, had failed to observe balance as initially an amount of Rs. 1000/- per month for each child was fixed as interim maintenance allowance and after striking off defence of the petitioner awarded Rs.5000/- per month to each child on a yardstick not clarified---Family Court was expected to look upon social status of the parties, expenses required, source of earnings and the income of the defendant and his possessions---Maintenance allowance determined by Family Court for four minors having been found to be quite excessive, which required to be modified reasonably, High Court reduced maintenance allowance from Rs.5000/- to Rs.3500/- for each child---Constitutional petition was disposed off accordingly. THIS ORDER PASSED BY: ABDUL SATTAR, JUSTICE:---.--- The petitioner Basharat Ali through this writ petition seeks setting aside of impugned judgment and decree dated 08.02.2014 passed by learned Judge Family Court, Multan decreeing the maintenance allowance in favour of minor respondents Nos.3…

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