Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5 Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of maintenance allowance and dower was decreed concurrently---Contention of husband (petitioner) was that quantum of maintenance allowance was unreasonable as it was not according to his social status---Validity---Appellate Court had already reduced the quantum of the maintenance allowance keeping in view the social status of the husband thereby making the same affordable for him---Husband was bound to maintain his wife and children and since the marriage was still intact, payment of maintenance allowance may pave the way for cordial relations between the parties---No illegality existed in the orders of courts below---Constitutional petition was dismissed in circumstances. ORDER ALI BAQAR NAJAFI, J.---Through this writ petition, the petitioner challenges orders dated 5-11-2011 and 16-5-2012 passed by the Judge Family Court and judgment dated 18-9-2012 passed by the learned Additional District Judge, Lahore respectively. 2. Brief facts giving rise to the filing of this writ petition are that the petitioner and respondent No. 3 got married on 4-11-1994 and from their wedlock two minor children namely, Noor Saba (daughter) aged about 14 years and Babar (son) aged about 16 years were born, which are in the custody of respondent No.3. The father of respondent No.3 borrowed an amount of Rs.6,50,000 through respondent No.3 and at the time of handing over the amount the father as well as respondent No.3 promised with the petitioner that they will return the said borrowed amount to the petitioner at the earliest, but when demanded respondent No.3 became anguished and left the house of the petitioner in the year 2008 with her own sweet will. While leaving, she had taken along with her 6 tola gold ornaments and 4 tola silver ornaments. She then filed a suit for dissolution of marriage on the basis of Khula, recovery of dower amount, recovery of dowry articles and for the recovery of maintenance allowance on 30-6-2010. This suit was contested by the petitioner. During pre-trial reconciliation proceedings on 9-5-2011 the suit…

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