Law: Muslim Family Laws Ordinance, 1961

Section: 7,9,10

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.33

Muslim Family Laws Ordinance, 1961 (VIII of 1961)-- ----Ss. 7, 9, 10--Suit for dissolution of marriage, recovery of maintenance allowance and dower--Decreed--Appeal--Modification of --Increasing of maintenance allowance--Write petitions--Dismissed--Willful non-disclosure of income--Challenge to--We deprecate this attempt at intentional non-disclosure. Muhammad Asim is employed by PAEC but elects not to disclose his position or salary; he thus seeks to take advantage of his own willful non-disclosure--Where a husband is required to maintain his wife, former wife during her iddat period or child and is required to pay maintenance, including the arrears of maintenance, his present and past earnings must be disclosed by him, because his financial status determines the amount of maintenance that should be awarded. In case of non-disclosure an adverse inference can be drawn against him Family judges should try to ascertain the salary and earnings of the husband/father who is required to pay maintenance--Willful non-disclosure of his earnings suggest that the maintenance amount is well within his means; his conduct further betrays that he does not want to be fair and has unnecessarily embroiled his former wife and child in needless litigation. The only objective for assailing the of the Appellate Court and then of the High Court has been to starve the needs of his own child and the legal dues of his former wife. This is unconscionable and inexcusable--Petition was dismissed. Civil Procedure Code, 1908 (V of 1908)-- ----O. XLI, R. 33--Correction of mistake--Inherent powers--A wife, a former wife, a child or children should not be disentitled because the Family Court failed to pass an order which ought to have been passed in their favour; and if the Appellate Court correct this mistake it can do so in exercise of the powers inherent in an appellate Court. THIS ORDER PASSED BY: QAZI FAEZ ISA, J.- Muhammad Asim (Petitioner No. 1) and Mst. Samro Begum (Respondent No. 1) were married in the year 2002 and their daughter Sabiha Naz (Respondent No. 2) was born in the year 2004. Subsequently, the marriage broke down and Samro Begum filed a suit for dissolution of her marriage,…

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