Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)------S. 5 & Sched.---Suit for recovery of maintenance of minor children---Awarding of maintenance with 10% annual increase by Family Court to children of first divorced wife with reference to income of father and his responsibility towards his children from second marriage---Such findings of Family Court upheld by Appellate Court and High Court---Supreme Court declined to interfere in such concurrent findings of fact in circumstances. Mushtaq Ahmed Mohal, Advocate Supreme Court and Mahmud-ul-Islam, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 7th June, 2011. ORDER KHILJI ARIF HUSSAIN, J.---The petitioners impugn the order of Lahore High Court, Lahore, dated 24-2-2011, whereby Writ Petition No. 9889 of 2010, filed by them, was dismissed and the judgments and decrees of the courts below were maintained. 2. Brief facts to decide the present petition are that the petitioners filed a suit for recovery of maintenance allowance and dower etc. against respondent No.1. After framing the issues and recording the evidence, the learned Judge, Family Court, dismissed the relief to the extent of dower amount claimed by the petitioners along with recovery of articles such as property and vehicle etc; however, granted maintenance allowance to the minor children (one son and one daughter) at the rate of Rs.7,000 each per month with 10% annual increase from the date of institution of the suit. Aggrieved by the said judgment and decree of the learned Family Judge, the petitioners filed an appeal, which was dismissed by the learned Additional District Judge, as the first appellate Court, vide judgment dated 22-2-2010. This judgment was called in question before the High Court through filing constitution petition, which too was dismissed, vide impugned order dated 24-2-2011. Hence, this petition. 3. Learned counsel for the petitioners has argued that the Courts below, including the High Court, failed to take in consideration the evidence on record and in support of his contention, he heavily relied upon paras 7, 8 and 9 of the plaint and the written statement filed by respondent No.1. 4. We have taken…

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