Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)------Ss. 5 & Sched. 14 & 19---Muslim Family Laws Ordinance (VIII of 1961), S.9---Court Fees Act (VII of 1870), S.7(2)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for maintenance---Appeal against s and decree of Family Court---Court-fee payable---Family Court granted decree for maintenance at the rate of rupees one thousand per month in favour of plaintiff-wife including past maintenance as well--­Appellate Court, on appeal against and decree of Family Court, directed appellant/husband to affix court-fee on memorandum of appeal under S_7(2) of Court Fees Act, 1876, within specified period---Appellant husband having failed to pay court-fee his appeal was dismissed---Validity--­Court-fee of rupee one was to be affixed on plaint before Family Court under S.19 of West Pakistan Family Courts Act, 1964. in North-West Frontier Province---Section ~19 of the said Act had specifically mentioned word "plaint" which would be deemed to have excluded memorandum of appeal--­Memorandum of appeal, in circumstances, would be liable to be affixed ad valorem court-fee on subject-matter of dispute as provided by S.7 of Court Fees Act, 1870---Mode of valuation for purpose of court-fee on memorandum of appeal would be ten times the value of maintenance granted for a period of one year---Value for purpose of court-fee in the case amounted to Rs.1,20,000---Appellant/petitioner having failed to affix a required court-fee within specified period, this appeal was rightly dismissed by Appellate Court below. Mirza Daud Baig v. Additional District Judge, Gujranwala 1987 SCMR 1161 ref. JUDGMENT SARDAR MUHAMMAD RAZA, J.--- Vide judgment and decree dated 25-2-1997, learned Judge Family Court, Peshawar granted a decree for maintenance at the rate of rupees one thousand per month in favour of Mst. Nusrat Begum and against her husband Abdul Jalil. The amount of decree included past maintenance as well. 2. The husband went in appeal where: learned Additional District Judge Peshawar directed him to affix court-fees under section 7(2) of the Court Fees Act within a period fixed…

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