Law: Family Courts Act, 1964

Section: 17A

Family Courts Act (XXXV of 1964)---S. 17-A---Maintenance--- Connotation---Maintenance allowance---Father, responsibility of---Petitioner was father of minors who assailed maintenance allowance enhanced by Lower Appellate Court to be paid by him to his estranged wife and minor children---Validity---Maintenance means and includes food clothing and lodging which is responsibility of father to pay to his children and wife---Provision of S.17-A of Family Courts Act, 1964, specifically provides fixing of maintenance---Petitioner was responsible to take care of his minor children as well as his estranged wife---Mere statement of petitioner that he was not earning much did not discharge him from such responsibility---Object of determining maintenance was to ensure all probabilities that the minor was to be maintained by father in dignified manner with reasonable comfort and mother was not left to bear financial burden of minors---High Court declined to interfere in and decree passed by Lower Appellate Court enhancing maintenance allowance, as the same was fair and just--- Constitutional petition was dismissed in circumstances. Humayun Hassan v. Arslan Humayun and another PLD 2013 SC 557 rel. ORDER: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- The instant Constitution Petition involves a dispute inter-se the Petitioner (husband) and Respondent No. 1 (estranged wife) about maintenance for herself and their minor children namely Baby Anfall Fatima (about 8 years old) and Master Ali Raza (about 18 months old). 2. Facts of the case are that Respondent No.1 filed Family Suit No.474 of 2017 before learned IV-Civil/ Family Judge, Hyderabad against the Petitioner for recovery of past as well as current maintenance at the rate of Rs.6000/-per month. The suit was decreed on 21.12.2017. The Petitioner filed Family Appeal No. 20 of 2018 before learned VII-Additional District Judge, Hyderabad against the Judgment and Decree dated 21.12.2017 whereby the learned Judge vide order dated 27.11.2018 modified the Judgment and Decree of learned Trial Court, hence, this Petition. The learned Family Court framed the issue as to whether Respondent No. 1 is entitled to maintenance for herself as well…

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