Law: Muslim Family Laws Ordinance, 1961

Section: 9

Law: Constitution (Amendment) Act, 2021

Section: 199

Muslim Family Laws Ordinance, 1961 (VIII of 1961)-- ----S. 9--Constitution of Pakistan, 1973, Art. 199--Suit for recovery of maintenance allowance--Decreed--Appeal--Dismissed--Duty of father--Non-payment of delivery charges by petitioner--Challenge to--It is duty of petitioner, being father, to maintain and support his minor son as per injunction of Islam and provide him all requisites of life including shelter, food, clothing and protection--Trial Court has rightly fixed maintenance allowance of Respondent No. 3 at rate of Rs. 5000/- per month--There is nothing on record to show that delivery expenses were paid by petitioner--Lower Courts, keeping in view circumstances of society and evidence on record awarded Rs. 20,000/- as delivery expenses which are not very high--Both s of lower Courts are in accordance with law, which were passed keeping in view evidence on record--I do not find any illegality or infirmity in impugned s and decrees passed by lower Courts which are maintained and upheld--Petition dismissed. ORDER The Respondents No. 3 4 filed a suit for recovery of maintenance allowance at the rate of Rs. 30,000/- per month and delivery expenses of Rs. 35,000/-. The petitioner/defendant resisted the suit by filing written statement. The learned trial Court after recording evidence of the parties, fixed the maintenance allowance of Respondent No. 3 at the rate of Rs. 5000/-per month from the date i.e. 24.05.2011 alongwith 10% annual increase and Rs. 20,000/- as delivery expenses to Respondent No. 4 vide judgment and decree dated 29.05.2012. Feeling aggrieved by this judgment and decree the petitioner/defendant preferred an appeal, which was dismissed by the learned lower appellate Court vide judgment and decree dated 10.05.2014. 2. Learned counsel appearing on behalf of the petitioner states that the impugned judgments and decrees of the learned Courts below are against law and facts and result of misreading and non-reading of evidence; that the learned lower Court had drawn a wrong conclusion that the petitioner can easily pay Rs. 5000/- with 10% annual increase as maintenance allowance; that the petitioner is dependent on his brother namely Bashir Ahmad…

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