| Citation(s) |
|---|
| 2011 SLG 1913 2011 SLD 1913 2011 SCMR 374 |
Supreme Court of Pakistan
Civil Petition No. 2492-L of 2009. decided on 8-11-2010.(On appeal from the order dated 3-11-2009 passed by the Lahore High Court, Lahore in Writ Petition No. 11836 of 2009)
JAVED IQBAL AND, JAWWAD S. KHAWAJA, JJ
Ch. Naseer Ahmed Bhutta, Advocate Supreme Court for Petitioner. Nemo for
Respondents
Civil Petition No. 2492-L of 2009. decided on 8-11-2010.(On appeal from the order dated 3-11-2009 passed by the Lahore High Court, Lahore in Writ Petition No. 11836 of 2009)
JAVED IQBAL AND, JAWWAD S. KHAWAJA, JJ
Ch. Naseer Ahmed Bhutta, Advocate Supreme Court for Petitioner. Nemo for
Respondents
MUHAMMAD ARIF
VS
UZMA AFZAL and others
Law:
Section:
West Pakistan Family Courts Act (XXXV of 1964)------Ss. 5 & 17-A---Constitution of Pakistan, Art. 185(3)---Maintenance, fixation of---Striking off defence---Father of minor son was aggrieved of the maintenance fixed by Family Court---Validity---Interim maintenance of minor was fixed due to failure of father who did not turn up and besides that interim order was not complied with---Family Court had rightly struck off defence of father of minor, pursuant to provisions as enumerated in S. 17-A of West Pakistan Family Courts Act, 1964---Suit to the extent of maintenance allowance was rightly decreed by Trial Court, determination whereof had been upheld by Lower Appellate Court---Suit filed by mother of minor had been decided in accordance with law and no misreading or non-reading could be pointed out in evidence which had come on record and besides that no jurisdictional defect could be mentioned---High Court after having gone through all pros and cons of the controversy had decided constitutional petition in comprehensive manner---Judgment passed by High Court was well based and did not warrant interference by Supreme Court---Leave to appeal was refused. Manzoor Hussain v. Zulfiqar Ali 1983 SCMR 137; Khan Gul v. District Judge PLD 1990 Lah. 263; Syed Shah v. Political Agent Bajaur Agency PLD 1981 Pesh. 57; Muhammad Asif v. Province of Sindh 1990 MLD 2192; Wali Muhammad v. Sakhi Muhammad PLD 1974 SC 106; Saleh Shah v. Custodian of Evacuee Property 1971 SCMR 543; Ahmad Khan v. Custodian of Evacuee Property PLD 1963 Kar. 450; A.K.M. Fazlul Quader Chowdhury v. Govt. of Pakistan PLD 1957 Dacca 342; Momin Motor Co. v. R.T.A. Dacca PLD 1962 Dacca 310; Fazal Elahi v. Shaikh Muhammad PLD 1962(2) W.P.1; Abdul Wahid Khan v. Custodian of Evacuee Property PLD 1966 Quetta 25; P.G. Braganza v. Border Area Allot. Committee 1984 CLC 1479; Saifullah Khan v. Settlement Commissioner 1982 SCMR 853; Sardar Muhammad v. Deputy Administrator Rasidual Property 1981 SCMR 738; Ali Muhammad v. Secretary Housg & Phyl. Plang. Deptt. 1984 CLC 2203 and Abdul Wahid Khan v. Custodian of Evacuee Property PLD 1966 Quetta 25 rel. JUDGMENT JAVED IQBAL, J.---This petition for leave to appeal is…
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