Law: Family Courts Act, 1964

Section: 14(2)(c),5,Sched

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. & S.14(2)(c)---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of maintenance and dowry articles---Bar on appeal from decree of Family Court---Applicability---Scope---Trial Court decreed the suit---Appellate Court enhanced rate of maintenance upon appeal filed by plaintiff---Defendant contended that of the Appellate Court was result of wrongful exercise of jurisdiction as S.14(2)(c) of the West Pakistan Family Courts Act, 1964 barred appeal from a decree passed by a Family Court awarding maintenance of Rs.1000 or less per month---Validity---Barring clause of S.14 of the West Pakistan Family Courts Act, 1964 operated where decree of maintenance was challenged to disentitle the decree-holder or reduce the rate of maintenance allowance and the same was not applicable to appeals for enhancement of maintenance---Defendant's objection to maintainability of appeal was, therefore, misconceived--Strong financial position of defendant had been proved by his gifts to his second wife---Even otherwise, father was legally bound to maintain his children---Appellate Court rightly enhanced the rate of maintenance---Constitutional petition was dismissed accordingly. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 14(2)(c)---Bar on appeal from decree of Family Court---Applicability---Scope---Barring clause of S.14 of the West Pakistan Family Courts Act, 1964 operated where decree of maintenance was challenged to disentitle the decree-holder or reduce the rate of maintenance allowance and the same was not applicable to appeals for enhancement of maintenance. Muhammad Latif Kashif v. Judge Family Court/Civil Judge, 1st Class, Bahawalpur and 3 others PLD 2005 Lah. 296 rel. JUDGMENT SH. AHMAD FAROOQ, J.---Through the instant constitutional petition, the petitioner has called in question the judgment and decree dated 29-7-2006, whereby the learned Additional District Judge, Samundri, while deciding the appeal filed by respondents Nos.1 to 3, against the judgment and decree dated 15-2-2006, passed by the learned Judge Family Court, Samundri, enhanced the rate of…

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