Law: Family Courts Act, 1964

Section: 10 (4)

JUDGMENT SHEET ARBAB MUHAMMAD TAHIR, J. Listed writ petition as well as W.P. No. 4096 of 2022 titled Mst. Ibtesam Shahid v. Sajid Khan and W.P. No. 2006 of 2023 titled Sajid Khan, etc v. Mst. Ibtesam Shahid entail common subject matter besides the parties, therefore, being decided through the signal judgment.    Tersely, the petitioner namely Sajjid Khan and the respondent Mst. Ibtesam Shahid had been in marital bond for about 12 years (05.01.2007 to 03.04.2019). The couple was blessed with a daughter namely Mst. Samiya Sajid (“the minor”) on 27.06.2008, now aged about 15 years. Due to strained relations, respondent along with the minor filed suit for dissolution of marriage on the basis of Khula, recovery of past and future maintenance and recovery of dower amount. The petitioner, on the other hand, filed petition in terms of Section 7, 17 and 25 of the Guardian and Wards Act, 1890 for the custody of the minor. During pendency of the suit and the petition, the marriage of the parties stood dissolved on the basis of Khula in terms of Section 10 (4) of the Family Court Act, 1964 on 03.04.2019. The learned Judge Family Court Islamabad (West) after recording evidence, pro and contra, heard the parties and decided both the suit and the petition, through consolidated Judgment and Decree dated 31.05.2022 whereby the respondent was held not entitled to maintenance while maintenance for the minor was fixed at Rs. 20,000/- per month with 10% annual increase from the date of institution of the suit till her legal entitlement. The claim of the petitioner for the custody of the minor was dismissed. It is important to note that the learned Judge Family Court also chalked out a visitation schedule for meeting of the petitioner with the minor daughter in paragraph No. 25 of the judgment in following terms:-                                         “i. On 1st and 3rd Saturday of each month defendant shall get the temporary custody of the minor from the house of plaintiff No. 1…