Law: West Pakistan Family Courts Act, 1964

Section: 25, 3, 4

(On appeal from the judgment and order of the High Court of Sind & Baluchistan, Karachi, dated the 24th September 1971, in Constitutional Petition No. 575 of 1970). West Pakistan Family Courts Act (XXXV of 1964), S. 25 & Sched., items 3 & 4-Wife's suit for maintenance (at Karachi) and husband's suit, for restitution of conjugal rights and for custody of children (at Lahore) both decreed-Maintenance order sought to be executed against husband and challenged by husband on ground that he had obtained decree for restitution of conjugal rights and custody of children-Appellate Court setting aside order of maintenance on ground that "if order for maintenance maintained it would encourage wife to disobey order of Guardian Court to have custody of minor children"-Held, proceedings before family Court for maintenance of children were separate from question of custody of children and as long as children not given to husband, he was liable to maintain them. Date of hearing : 17th February 1972. ORDER WAHEEDUDDIN AHMAD, J.-The petitioner was married to respondent No. 1 and respondents Nos. 2 to 5 are his children from respondent No. 1. On the 31st May 1969, the Civil Judge, First Class, Karachi, in Family Suit No. 172 of 1969, granted maintenance to the respondents as the respondents were. living separately from the petitioner. The petitioner also obtained a decree for restitution of conjugal rights and for the custody of children in the guardianship proceedings at Lahore. When the order for maintenance was sought to be executed the petitioner challenged it before the Second Additional District Judge, Karachi, on the 14th October 1970. The learned Additional District Judge set aside the judgment and decree of the Family Court on the ground that if the order for maintenance was maintained, it would encourage respondent No. 1 to disobey the order of Guardian Court to hand over the custody of minor children. This order was challenged in Constitutional Petition No. 575 of 1970 and a Division Bench of the High Court of Sind and Baluchistan, Karachi, by judgment dated the 24th September 1971, has quashed the order of the…