| Citation(s) |
|---|
| 2022 SLG 2178 2022 SLD 2178 2022 MLD 945 |
Peshawar High Court
Writ Petition No. 2788-P of 2020, decision Dated: 4th May, 2021.
LAL, JAN KHATTAK AND MUHAMMAD NAEEM ANWAR, JJ
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Writ Petition No. 2788-P of 2020, decision Dated: 4th May, 2021.
LAL, JAN KHATTAK AND MUHAMMAD NAEEM ANWAR, JJ
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Mst. MEHNAZ BIBI and 2 others
VS
MUHAMMAD TAHIR and anothers
Law: Family Courts Act, 1964
Section: 14,17-A,5
Law: Constitution of Pakistan, 1973
Section: 199
(a) Family Courts Act (XXXV of 1964)--- ----S.14---Constitution of Pakistan, Art.199---Interim maintenance allowance---Enhancement/reduction of interim maintenance allowance in Constitutional jurisdiction of High Court---Scope---Where interim maintenance allowance fixed by Family Court is not sufficient even to meet the basic requirements of the minor, in such circumstances High Court can enhance the interim maintenance and if exorbitant maintenance has been fixed the same can be reduced notwithstanding, the provision of S.14(3) of Family Courts Act, 1964. Basharat Ali v. Additional District Judge, Multan and 4 others 2018 MLD 785 and Makhdoom Ali v. Mst. Razia Sultana and others 2007 MLD 41 ref. (b) Family Courts Act (XXXV of 1964)--- ----S.17-A---Interim maintenance allowance, determination of---Scope---Interim maintenance allowance is to be fixed based on the financial status (of father) on one hand and on-going day to day basic requirements of minors for their survival including amenities like food, clothing, shelter, education and other necessitates of life on the other. (c) Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Maintenance allowance for son and daughter---Scope---Father has to maintain his son only till he attains majority, while, he has to maintain his daughter till her marriage and till the time she goes to her husbands home. (d) Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---”Nafaqah”---Meaning---Nafaqah is an Arabic word, rooted from infEq(sic), which means to spend for a good purpose---Literally it means what a person spends for his family members---In general, maintenance refers to what is spent to support ones family with food, clothing, accommodation and other expenditures. (e) Family Courts Act (XXXV of 1964)--- ----Ss.5, 17-A---Interim maintenance allowance, determination of---Scope---Child is an individual falling within the age bracket starting from new born till the age of puberty or the legal age of majority---Rights are given to a child by the Holy Quran---Text of the Holy Quran has mentioned a child as a member of society and as such specified the childs rights and indicated that it is the key social responsibility…
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