Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Children in actual custody of mother notwithstanding order of Guardian Court to hand over custody to father---Entitlement to maintenance--­Chidlren being in actual custody of mother were entitled to separate maintenance notwithstanding order of Guardian Court to hand over custody to father---Order of Guardian Court, thus, did not deprive. children of their maintenance allowance. Phakkar v. Mst. Pathani and 2 others 1985 CLC 487 rel. Syed Hamid. Ali Shah v. Mst. Razia Sultana 1991 CLC 766 and Mst. Ghulam Fatima v. Sheikh Muhammad Bashir PLD 1958 (W.P.) Lah. 596 ref. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Past maintenance---Courts below granting maintenance to minor children with effect from specified date i.e. three years prior to filing of application for maintenance-,-Validity---Such order would not appear to suffer from any legal infirmity---Father was, thus, liable to pay maintenance till minor's custody was actually handed over to him. Sardar Muhammad v. Mst. Nasima Bibi and others PLD 1966 (W.P.) Lah. 703 and Muhammad Nawaz v. Mst.-Khurshid Begum and 3 others PLD 1972 SC 302 rel. ORDER In this writ petition the orders passed by the learned Judge, Family Court, respondents Nos. l and 2 whereby the maintenance has been granted to respondents Nos.3, 4, 5, daughters of the petitioner have been challenged. It is submitted that on 18-3-1993 the petition for maintenance was submitted by the mother of respondents Nos. 3 to 5 before the 'Judge, Family Court, Okara, who granted months maintenance at the rate of Rs.35, 325, 300 respectively to respondents Nos.3, 4-and 5 w.e.f. 18-3-1990 i.e. three years prior to the filing of the suit. The appeal was filed against this order but the same also was rejected by the learned Additional District Judge, Okara on 16-11-1996. 2. Learned counsel for the petitioner contends that the petitioner was not liable to pay maintenance because on his petition for the custody of the…

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