Law:

Section:

Muslim Family Laws Ordinance (VIII of 1961)------S. 9---West Pakistan Family Courts Act (XXXV of 1964), S.5 & Sched.--­Maintenance---Entitlement---Husband after divorcing his wife neither had paid maintenance amount to his divorced wife during Iddat period nor to his minor child---Father was bound to maintain his minor children till such time that either they attained age of majority in case of male children and till time marriage of female children was solemnized and also that maintenance during Iddat of divorced wife was to be paid by ex-husband---Minor child and ex-wife were entitled to amount of maintenance as were determined by Court taking into consideration financial position of the person. JUDGMENT Through this petition the petitioner has challenged the judgment and decree, dated 31-3-1998 passed by the learned 2nd Additional District Judge, Central, Karachi in the proceedings of Family Appeal No.48 of 1997 and the judgment and decree, dated 22-7-1997 passed by the learned 8th Family Judge, Central Karachi in the proceedings of Family Suit No. 2 of 1995. The brief facts of the case as stated in the memo. of petition are that on 20-12-1994 the respondent No. l filed against the petitioner Family Suit No.2 of 1995 claiming maintenance for herself as well as for her minor son, the respondent No.2 herein. In the memo. of plaint of the suit it was averred that respondent No. l was married to the petitioner on 5-6-1992 and her deferred dower amount was fixed at Rs.25,000 but due to differences the parties had separated as such in the suit she had claimed maintenance with effect from 16-2-1994 till December, 1994 at the rate of Rs.6,000 per month from herself and at the rate of Rs.4,000 per month for her minor son, respondent No.2, and future maintenance at the same rates. The record of the case reveals that the petitioner had divorced the respondent No. l on 7-3-1995. The petitioner had filed his written statement denying various allegations made against him and his family in the plaint of the suit and the quantum of his salary and his liability to pay to the respondents the amounts claimed by way of maintenance. On the pleadings of the parties the…

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