Law: Family Courts Act, 1964

Section: XXXV,17A

Law: Constitution of Pakistan, 1973

Section: 199

(a)    Family Courts Act (XXXV of 1964)-------S. 17-A---Interim maintenance allowance of minor---Scope---Maintenance allowance of the minor is legal and moral responsibility of the father coupled with the fact that it is an indispensable right of the minor, which is why an interim order for grant of maintenance allowance has to be passed at a convenient stage of the proceedings and the Family Court has to consider the interest and protection of the minor at the earliest---A father is not only legally but also morally under an obligation to meet the expenses of his minor regardless of the fact that the minor resides with him or his mother---Family Court has to take into consideration the subject interest of the minor at the earliest---Family Court has to adopt apragmatic approach while fixing the interim maintenance under section 17-A of the Family Courts Act, 1964.(b)    Family Courts Act (XXXV of 1964)-------S. 17-A---Maintenance allowance of minor, grant of---Father, responsibility of--A father is under legal, moral and religious obligation to maintain his children till the age specified by law/sharia---Such obligation is a dictate laid down in the Holy Quran.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.(c)    Family Courts Act (XXXV of 1964) -------S. 17-A---Interim maintenance allowance of minor, grant of---Quantum--Scope---Court must take into consideration the need of creating a stable, safe and healthy environment for the physical and moral development of the minors--Without due consideration of all said factors, the Court cannot conclude positively the quantum of maintenance---However, there is no hard and fast formula for determining quantum of maintenance and the main consideration for the Court is the ability of father to maintain the minors---A father is obligated under the law to take care of his minor children and the quantum has to be determined as per his earning, financial and social status and the ability that he may have to take care of the minors.(d)    Constitution…