Law: Family Courts Act, 1964

Section: 14(2)

Law: Constitution of Pakistan, 1973

Section: 189

(a) Family Courts Act (XXXV of 1964)---S.14(2)---Maintenance of minors, enhancement of---Appeal/adequate alternate remedy, availability of---Constitutional petition---Maintainability---Contention that appeal was not available against maintenance allowance for minor---Held, that settled law was that non-provision of appeal under S. 14(2) of the Family Courts Act, 1964, was to protect under-privileged/generally oppressed section of society from prolonged/costly litigation---Minor, indeed fell within that category, hence denial of appeal under S. 14(2) of the Act, was for the protection of the minor and not vice versa---Any other interpretation of S.14(2) of the Family Courts Act, 1964, would defeat the very purpose/object of the said Act and would frustrate the beneficial nature of the said provision---Remedy of appeal/adequate alternate remedy was available to the petitioner/minor for the enhancement of maintenance allowance---Constitutional petition was dismissed. Abid Hussain v. Additional District Judge, Alipur, District Muzaffargarh and another 2006 SCMR 100 rel. (b) Constitution of Pakistan---Art.189---Precedent---Rations decidendi---Expression ratio decidendi was the ground or reason of decision and the point in a case which determined the ---Held, it was the ratio decidendi which was applicable to subsequent cases presenting the same problem. Muhammad Zahid, Proprietor Plus Enterprises v. Federal Board of Revenue through Chairperson, Islamabad and 5 others 2021 PTD 80; S. Nasim Ahmad Shah and 115 others v. State Bank of Pakistan through Governor and another 2017 PTD 2029; Pakistan Lawyers’ Forum through General Secretary v. Federation of Pakistan, Ministry of Law and Justice Parliamentary Affairs and Human Rights, Islamabad and another PLD 2011 Lah. 382; Zafar Ahmed Khan v. Federation of Pakistan through Secretary, Ministry of Defence, Islamabad and 2 others 2009 PLC (C.S.) 415 rel. ORDER: ABID AZIZ SHEIKH, JUSTICE:---.--- In this writ petition, the petitioner is seeking enhancement of maintenance allowance of Rs.5000/- per month for minor fixed in the impugned judgment and decree dated 10.4.2021 passed by learned Judge Family Court. 2. Relevant facts are…

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