Law: Constitution of Pakistan, 1973

Section: 199

Law: Muslim Family Laws Ordinance, 1961

Section: 9

Constitution of Pakistan, 1973-- ----Art. 199--Muslim Family Laws Ordinance, 1961, S. 9--Suit for recovery of maintenance allowance--Partly decreed--Appeals--Appeal filed by petitioner was dismissed while appeal field by Respondent No. 3 was accepted--Modification in order--Enhancement in amount of maintenance allowance--Consolidated --Power to enhancement--Concealment of financial status--Challenge to--Father is bound to maintain his own child, which is clear from injunctions of Islam as well. Court has ample power to enhance amount of maintenance allowance, keeping in view social and financial status of father, necessary expenditures of minor, hike of prices of all commodities and educational expenses--Learned lower Appellate Court, after analyzing evidence brought on record, has rightly enhanced maintenance allowance of minor Respondent No. 3 from Rs. 5000/- to Rs. 8000/--No misreading / non-reading of evidence or jurisdictional error was pointed out by petitioner, who has failed to point out any illegality or legal infirmity in findings of learned lower Appellate Court, warranting interference of this Court in exercise of its writ jurisdiction--Petition was dismissed. THIS ORDER PASSED BY: MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE---.-- Through instant petition, petitioner has challenged consolidated judgment & decree dated 24.04.2012, passed by learned Additional District Judge, Dera Ghazi Khan, whereby appeal filed by petitioner against judgment & decree dated 17.02.2012, passed by learned Judge Family Court, Dera Ghazi Khan, was dismissed, whereas appeal filed by Respondent No. 3 was allowed. Hence, instant constitutional petition. 2. The relevant facts of the case are that respondent; No. 3 minor Awais Khaliq filed suit for recovery of maintenance allowance through his mother. Learned Judge Family Court, vide judgment & decree dated 17.02.2012, proceeded to partly decree the suit in the manner that minor Respondent No. 3 was held entitled to recover maintenance allowance at the rate of Rs. 5000/- per month with 10% annual increment from the date of filing of suit till he is in abnormal condition. Feeling aggrieved, both the parties preferred…

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