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Azad Jammu and Kashmir Family Courts Act, 1993 (XI of 1994)--- ----S. 5, Sched.---Suit for maintenance---Scope---Question before Supreme Court was as to from which date the minor was entitled to receive the maintenance allowance---Suit for recovery of maintenance allowance was dismissed by the Family Court for want of proof, however, in appeal the Shariat Appellate Bench of the High Court had modified the and decree passed by the Family Court and had declared that the minor was entitled to recovery of Rs.5,000/- per month as maintenance allowance---Shariat Appellate Bench of the High Court, in its , had not specifically mentioned any date due to which the dispute as to payment of past maintenance allowance arose---When there was no mention of any specific date, keeping in view the overall facts and circumstances of the case, the Courts below were justified in holding that the minor son was entitled for recovery of maintenance allowance with effect from the date of institution of the suit---Appeal was dismissed. JUDGMENT KH. MUHAMMAD NASEEM, J.--- The captioned appeal, by leave, arises out of the judgment passed by the High Court on 30.09.2019, whereby the writ petition filed by the appellants, herein, has been dismissed in limine. 2. The facts necessary for disposal of this appeal are that the plaintiff-respondents filed a suit on 28.11.2015 for recovery of maintenance allowance with effect from 30.04.2014, in the Court of Additional District Judge/Judge Family Court Naseerabad, Patika, against the defendant-appellant No.1 (Muhammad Afzal Khan). Although two other suits; one for recovery of dower by plaintiff-respondent No.1 and other for restitution of conjugal rights by appellant No.1, herein, were also filed, however, the same are not the subject-matter of instant appeal. Through judgment and decree dated 23.05.2017 the learned Family Court dismissed the suit for maintenance allowance, for want of proof. Feeling aggrieved, the plaintiff-respondents, herein, filed an appeal in the Shariat Appellate Bench of the High Court on 01.11.2017, which was partly accepted on 24.01.2018 and the judgment and decree passed by the learned Judge Family Court was modified to…

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