Case Details

Citation(s)
2001 SLD 614 = 2001 YLR 2329

Constitutional Petition No.S-169 of 2000, decided on 7th August, 2001.
Wahid Bux Brohi, J

M. SALEEM AHMAD SIDDIQUI---Petitioner

VERSUS

Mst. SABIRA BEGUM and others---Respondents

Law:

Section:

This Constitutional petition assails the judgments/decrees of two Courts below namely: (1) Judgment and decree dated 4-5-1999 passed by XIIth Civil and Family Court Karachi, East in Family Suit 92 of 1998 granting maintenance to Mst. Sabira Begum respondent No.1 at the rate of Rs.500 per month from November, 1997 until completion of the period of Iddat and Rs.700 per month to the children namely the respondents Nos.3, 6, 7 and 8 from November; 1997 till they joined the petitioner; and (2) the judgment dated 27-11-1999 passed by VIth- Additional District Judge, Karachi, East dismissing the petitioner's appeal impugning the aforesaid judgment and decree and additionally granting maintenance to respondents Nos.7 and 8.   The petitioner is a notice-server in Income-tax Department, Government of Pakistan posted at Karachi. Mst. Sabira Begum respondent No. 1 was to with petitioner and seven children namely respondents Nos.2 to 8 were born out of this wedlock. The judgment of Family Court shows that the petitioner divorced the respondent No. 1 on 5-10-1997. The respondents brought out a suit for maintenance against the petitioner which was resisted by the latter' by filing his written statement. Pre-trial was held which failed and then issues were framed and post trial was also held which, too, met the same fate. After hearing the counsel for parties learned Family Court decreed the suit in terms mentioned above and petitioner's appeal against said judgment was not only dismissed, but additionally maintenance of Rs.500 per month was allowed to unmarried daughters Afreen and Sabeen respondents Nos.7 and 8, thereby enhancing the quantum of maintenance for children to Rs.3,800 per month besides the maintenance of Rs.500 per month to widow for a limited period. The petitioner, therefore, resorted to instant petition under Article 199 of the Constitution of Pakistan, with a prayer to reduce the maintenance from Rs.700 to Rs.300 per month.   Learned counsel for petitioner contended that the petitioner has been squeezed down to pay much more than what he actually earned; as he was drawing a salary of Rs.2,838.90 whereas the impugned decree directs him…
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