Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: XI,5

Law: Family Courts Act, 1964

Section: XXXV,17A

(a)    Azad Jammu and Kashmir Family Courts Act, 1993 (XI of 1994)--- ----Ss.5 & Sched.---Suit for maintenance allowance of minors---Interim allowance---Right of minor---Father, obligation of---Scope---Father challenged interim allowance fixed for minors---Held: Minors were the real children of appellant---Maintenance allowance is legal and moral responsibility of the father as well as an indispensable right of the minor---A father is not only legally, but also morally under an obligation to meet the expenses of his minors, regardless of the fact that the minors reside either with him or their mother---Family Court has to take into consideration the interest of the minor at the earliest, for which end, it(Family Court) has to adopt a pragmatic approach while fixing the interim maintenance---In Islamic Law, a father is under legal, moral and religious obligation to maintain his children till the age specified, recognized, elaborated and emphasized by the law/ Sharia---Interim maintenance for minors is a temporary measure ordered by a Family Court to ensure that the child s basic needs are met during a maintenance dispute---It is a crucial aspect of child welfare, particularly when parents are separated or divorced and legal proceedings are underway---The Court considers factors like the child s basic needs, the parent s financial capacity, and the circumstances of the case when determining the amount and duration of interim maintenance---Appellant /father was unable to point out any patent illegality or material irregularity in the impugned order---Appeal, filed by father, was dismissed, in circumstances. PLD 2013 SC 557 and 2010 YLR 3275 ref. (b)    Azad Jammu and Kashmir Family Courts Act, 1993 (XI of 1994)--- ----Preamble, Ss.5 & Sched.---Family Courts Act (XXXV of 1964), S.17-A---Suit for maintenance allowance for minors---Interim allowance, fixation of---Family Court, jurisdiction of---Father challenged interim allowance fixed for minors--Held: The issue of maintenance allowance is dealt with under S.17-A of the Family Courts Act, 1964, at any stage of proceedings in a suit for maintenance---Family Court may pass an…