Law: Family Courts Act, 1964

Section: XXXV,5

Law: Mohammadan Law

Section: 272,278

(a)    Family Courts Act (XXXV of 1964)-------S.5, Sched.----Maintenance allowance to wife and children, providing of--Obligation of husband/father---Scope---Husband is under legal, moral and religious obligation to maintain his legally wedded wife---Section 272 of Mohammdan Law provides obligation of a husband to maintain his wife with certain conditions--Section 278 of Mohammdan Law postulates that if a husband refuses to maintain his wife, she may sue for maintenance---Hence, it is the obligation of husband to pay Nafqa or maintenance, if construed in accordance with the principles as laid down in "HIDAYA" translated by Charles Hamilton in Chapter XV such as "Nafqa", in the language of law, signifies all those things which are necessary to support life, such as food, clothes and lodging---In the present case, the Courts below had held the petitioner (husband) under obligation to pay maintenance allowance of the respondent/wife, which by no means was in deviation to law and Sharia---Likewise, a father is under legal, moral and religious obligation to maintain his children till the age specified by law/sharia and such obligation originates from esteemed dictates of Holy Quran---Father's obligation to maintain his children has repeatedly been recognized and emphasized.Humayun Hassan v. Arslan Humayun and another PLD 2013 SC 557 and Syeda Farhat Jahan v. Syed Iqbal Hussain Rizvi and another 2010 YLR 3275 ref.(b)    Family Courts Act (XXXV of 1964)-------S.5, Sched.---Suit for recovery of maintenance allowance---Maintenance allowance of the minors, quantum of---Scope---Father is obligated to maintain his children and a reasonable standard must be assumed for determining quantum of their maintenance allowance---Court while considering the quantum of maintenance will take into consideration the fundamentals of the minors education, status, general expenses---Court must also take into consideration reasonable probability of obtaining education and the ability to take care of the minors in a stable, safe and healthy environment---Without due consideration of all said factors, the Court cannot conclude positively the quantum of…