Law:

Section:

Muslim Family Laws Ordinance (VIll of 1961)------S: 9---West Pakistan Family Courts Act (XXXV of 1964). S.5 & Sehed.---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Maintenance---Determination of amount---Amount of past and future maintenance as fixed by Family Court was modified by Appellate Court below keeping in view financial position of the husband---Quantum of maintenance as fixed by Appellate Court, keeping in view financial and other circumstances of the petitioner being fair, proper, just and reasonable, and based on evidence on record, could not be interfered with by High Court in its Constitutional jurisdiction. ORDER Respondents Nos. I to 3 are daughters of the petitioner. They are presently living with their mother. On a suit for maintenance filed by them the learned Judge, Family Court, fixed their maintenance at the rate of Rs.2,000 per month as past maintenance and Rs.3,000 for future maintenance. On appeal by the petitioner, the learned District Judge has modified the order of the Judge; Family Court arid fixed the rate of maintenance at Rs.2,000 per month as past maintenance w.e.f. July 1993 as also the future maintenance. This is a writ petition assailing the aforesaid judgments. 2. In support of this petition the learned counsel contends that the petitioner is a retired employee of Punjab Road Transport Corporation whose only income is pension of Rs.453 per month and has no means of paying such maintenance to the minors as has been ordered by the Courts. He contends that the mother of the minors with whom they are living is well ­placed and can look after them whereas the petitioner is a sick person suffering from Tuberculosis. . 3. Before the learned Judge, Family Court, evidence was led on behalf of the respondents that the petitioner was a man of means having land, business and a taxi car whose monthly income was not less than 7/8 thousand. This was denied by the petitioner. However, the Courts below on appreciating the evidence led by the parties arrived at the aforesaid conclusion and recorded their judgments. The learned District Judge has modified the rate of maintenance fixing at Rs.2,000 per month as past…

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