Law:

Section:

Family Courts Act (XXXV of 1964)--- ----S.5, Sched. & S.17-A---Maintenance--- Quantum--- Determination--- Interim maintenance order, non-compliance of--- Striking off defence--- Petitioner was father of minor who did not comply with the order passed by Family Court regarding payment of interim maintenance allowance--- Family Court struck off the defence of petitioner and decreed the suit against petitioner--- Judgment and decree passed by Family Court was maintained by Lower Appellate Court--- Plea raised by petitioner father was that quantum of maintenance was to be based upon income and capacity of petitioner and not upon any other factor--- Validity--- Inadequacy of financial means of petitioner was duly rebutted by local commissioner's report, which was available on record before High Court and was also relied upon by the Family Court--- Means of a person were to be factored in when apportionment of maintenance was taking place--- Same was undertaken judiciously by Family Court while determining quantum of maintenance payable by petitioner--- High Court in exercise of Constitutional jurisdiction declined to interfere in passed by Lower Appellate Court as the same was in due consonance with law--- Constitutional petition was dismissed in circumstances. M. Saleem Ahmad Siddique v. Mst. Sabira Begum and others 2001 YLR 2329; Syed Saleem Imtiaz Hussain through Syed Imtiaz Hussain v. Muhammad Salim and 2 others 2004 MLD 1548; Tauqeer Ahmad Qureshi v. Additinoal District Judge, Lahore and 2 others PLD 2009 SC 760; Muhammad Aslam v. Muhammad Usman and others 2004 CLC 473; Fazlur Rehman v. Mst. Shazia Bibi and 2 others 2015 CLC 116; Munawar Rasul v. Hafsa Rasul and 2 others 2011 MLD 991; Muhammad Ashraf v. Mst. Nusrat Bibi and 3 others 2010 CLC 1411 and Abid Hussain v. Miss Sadia Luqmani Civil/Judge Family Court, Multan and 2 others 2010 YLR 960 ref. THIS ORDER PASSED BY: AGHA FAISAL, J.--- The present petition was instituted in 2015, wherein the following relief was sought:-- "(a) That this Honourable Court may be pleased to declare/set aside he judgment and decree passed by respondent No.2 dated 12.08.2015 is illegal, suffers from misreading of evidence,…

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