Law: Family Courts Act, 1964

Section: 5,17-A

(a) Family Courts Act (XXXV of 1964)--- ----S.5 Sched.---Suit for maintenance of minors---Financial status of father, determination of---Scope---Petitioner assailed findings of courts below to the extent of maintenance allowance fixed at the rate of Rs.10,000/- per month each for three minors---Validity---Statement of respondent/wife transpired that it was a love marriage; that the petitioner was studying at that time, while after the marriage, they had lived in the parental house of respondent, which was an official accommodation; that the respondent was serving in BPS-11 as a government servant; that the petitioner had been contributing in terms of maintenance and payment of school fee of the children at par with his financial capability and that the respondent in her statement had not given the details or even remote hint whereby the financial status of the petitioner could be ascertained while on the other hand a suggestion was also put to her that the petitioner was jobless---When the legitimate source of income of the petitioner was shrouded in mystery and it was established that the respondent was a working lady and had been contributing towards maintenance parallel to the petitioner, the awarded maintenance appeared to be excessive---Impugned s and decrees were set aside and the case was remanded for decision afresh, in circumstances. Muhammad Asim v. Mst.Samro Begum PLD 2018 SC 819; Humayun Hassan v. Arslan Humayun and another PLD 2013 SC 557; Khadija Bibi and another v. Abdul Rahim and another 2012 SCMR 671; Nazia Bibi and others v. Additional District Judge Ferozewala and others PLD 2018 Lah. 916 and Khalid Mahmood v. Naseem Akhtar 2019 MLD 820 rel. 2004 MD 1325 and 2009 CLC 1819 ref. (b) Family Courts Act (XXXV of 1964)--- ----S.17-A---Suit for maintenance of minors---Financial status of father, determination of---Scope---Family Court, before determination of the quantum of maintenance, is under obligation to determine the financial capability of the father vis- -vis the amount claimed in that respect---Test provided for the purpose is that there should be some tangible, concrete and confidence inspiring material preferably in the shape of documents…

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