| Citation(s) |
|---|
| 2021 SLG 247 2021 SLD 247 2021 CLC 374 |
Peshawar High Court
Review Petition No. 247-P and W.P. No. 2128-P of 2019, decided on 8th July, 2020, Date of hearing: 8th July, 2020.
QAISER RASHID KHAN AND MUHAMMAD IBRAHIM KHAN, JJ
Waseem-ud-Din for Petitioner No.1 along with Petitioner No.1. Amanullah for
Respondent along with
Respondent.
Review Petition No. 247-P and W.P. No. 2128-P of 2019, decided on 8th July, 2020, Date of hearing: 8th July, 2020.
QAISER RASHID KHAN AND MUHAMMAD IBRAHIM KHAN, JJ
Waseem-ud-Din for Petitioner No.1 along with Petitioner No.1. Amanullah for
Respondent along with
Respondent.
NOOR UL SAHAR AND ANOTHERS
VS
TAHIR NAQASH KHAN KHATTAK AND ANOTHER
Law: Family Courts Act, 1964
Section: 5,17-A
Family Courts Act (XXXV of 1964)---
----Ss.5, Sched. 17-A---Suit for recovery of maintenance allowance---Interim maintenance, fixation of---Interim maintenance for minor was fixed whereas maintenance for wife was refused---Validity---Marriage between the spouses did subsist and husband due to family constraints was unable to take his wife and minor to his home---Wife and minor were entitled for interim maintenance under the law till the disposal of main suit---Scope and theme of S.17-A of Family Courts Act, 1964, was to safeguard the welfare of wife and bound down the husband to perform his marital as well as parental obligations---If husband failed to pay interim maintenance then his defence should be struck off---Interim maintenance determined by the Family Court for the minor was insufficient---Wife was still in the wedlock of husband who was bound to maintain her---Husband had not provided any maintenance for his wife and minor---Interim maintenance of minor was enhanced whereas interim maintenance for wife was determined accordingly---Husband was directed to pay interim maintenance till the disposal of main suit---Constitutional petition was allowed, in circumstances.
----Ss.5, Sched. 17-A---Suit for recovery of maintenance allowance---Interim maintenance, fixation of---Interim maintenance for minor was fixed whereas maintenance for wife was refused---Validity---Marriage between the spouses did subsist and husband due to family constraints was unable to take his wife and minor to his home---Wife and minor were entitled for interim maintenance under the law till the disposal of main suit---Scope and theme of S.17-A of Family Courts Act, 1964, was to safeguard the welfare of wife and bound down the husband to perform his marital as well as parental obligations---If husband failed to pay interim maintenance then his defence should be struck off---Interim maintenance determined by the Family Court for the minor was insufficient---Wife was still in the wedlock of husband who was bound to maintain her---Husband had not provided any maintenance for his wife and minor---Interim maintenance of minor was enhanced whereas interim maintenance for wife was determined accordingly---Husband was directed to pay interim maintenance till the disposal of main suit---Constitutional petition was allowed, in circumstances.
JUDGMENT
QAISER RASHID KHAN, JUSTICE:---.---
Through this petition, the petitioner-wife seeks the review of the judgment dated 13.11.2019 of this court, passed in Writ Petition No.2128-P of 2019.
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492