Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--------S. 5 & Sched.---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Maintenance for children, quantum of--­Fixation of such maintenance---Islam does not compel a person to do an act beyond his capacity---Salary of father cannot be attached beyond half of the same---Social status of the man and level of his legitimate financial sources, which are eminent factors for deciding the quantum of maintenance, shall not be ignored---Where the Family Court had not dilated upon said aspects of the case with realistic approach nor the evidence was appraised with due precision, though the man had given oral account of the income while the lady had not produced the evidence in contrariety, High Court, in view of the income of the man, reduced the quantum of maintenance accordingly---Amount which the man had been paying to his wife when she was living with her father, was not enough to establish his legitimate income. Muhammad Ahmad Khan v. Shah Bano Begum AIR 1985 SC 945 and M. Saleem Ahmad Siddiqui v. Mst. Sabira Begum and others 2001 YLR 2329 rel. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Maintenance for breast-feeding the suckling baby at the time of divorce to the mother of the baby---Legitimacy of the child was not contested---Mother was entitled to maintenance for breast­feeding the suckling baby for two years even after the period of Iddat for breast feeding the babe of the man who was a man of sufficient means. Al-Qur'an: Surah 2, Al-Baqara, Verse 233 rel. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Muslim Family Laws Ordinance (VIII of 1961), S.9---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Divorce--Record showed that father of the husband had undertaken, during the proceedings, that if his son will take any step which may give mental torture or cruel treatment to his wife or the husband will not perform matrimonial relationship he will pay Rs.4,00,000 to the wife--­Effect---Held, even the equity and natural justice demanded…

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