Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------Ss. 5, Sched. & 14---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Maintainability---Recovery of maintenance---Suit for---Trial Court decreed suit and granted maintenance for minors at the rate of Rs.700 per month each---Defendant/petitioner had filed Constitutional petition against and decree of the Trial Court--­Maintainability of petition was challenged by respondent---Validity---Had the maintenance allowance of each minor been fixed up to Rs.500 p.m. the appeal under S.14 of West Pakistan Family Courts Act, 1964 could not be filed and the only remedy was to challenge the said order by way of filing Constitutional petition---If the maintenance allowance of each minor was fixed at the rate of Rs.700 per month, only recourse available to defendant/petitioner was first to go to the District Judge by filing appeal and thereafter he could approach the High Court if he had felt aggrieved of the decision of Appellate Court---Defendant/petitioner having not resorted to the legal recourse, Constitutional petition was dismissed being not maintainable. Khawaja Muhammad v. District Judge, Mansehra and others 2001 MLD 310 ref. JUDGMENT Briefly stated the facts are that the plaintiff/respondent Mst. Zainab Bibi filed a suit for recovery of maintenance against the defendant/petitioner which was resisted by the defendant/petitioner. However, as a result of judgment dated 15-5-2000 the trial Court granted maintenance for respondent Nos. 3 and 4 at the rate of Rs.700 per month. The defendant/petitioner has felt aggrieved of the said judgment and filed the instant writ petition. Arguments have been heard and record perused. 3. Learned counsel for the plaintiff/respondent has raised a preliminary objection regarding the…

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