Law: Christian Divorce Act, (IV of 1869)

Section: 36,43

Christian Divorce Act (IV of 1869)--- ---Ss. 36 & 43--West Pakistan Family Courts Act (XXXV of 1964), S.5---Muslim Family Laws Ordinance (VIII of 1961)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintenance allowance (alimony)---Interim maintenance to children--During pendency of suit Family Court allowed interim maintenance (alimony) under S.36 of Christian Divorce Act, 1869, to wife and minor children---Order passed by Family Court was maintained by Appellate Court---Plea raised by husband was that maintenance (alimony) to wife was squarely covered under Christian Divorce Act, 1869, but as far as maintenance of minor children pending decision of proceedings was concerned no specific provision covered such aspect of the matter---Validity---In absence of any specific provision for grant of maintenance to minor, the provisions of West Pakistan Family Court Act, 1964, being not in conflict with the provisions of Christian Divorce Act, 1869, would be applicable---Nothing was available in West Pakistan Family Courts Act, 1964, by which it could be said to be inapplicable to Christians---Maintenance allowance of wife and minors as determined by Appellate Court was found to be in conformity with the provisions of Ss.36 and 43 of Christian Divorce Act, 1869, and of Muslim Family Laws Ordinance, 1961--No illegality or jurisdictional defect in the of appellate Court, having been found same was not open to any interference by High Court, in exercise of constitutional jurisdiction---Petition was dismissed in circumstances. Mrs. Daphne Joseph v.Malik Eric Roshan Khan PLD 1971 Kar. 887 fol. JUDGMENT ZAFAR IQBAL CHAUDHRY, J.---The instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, has been preferred against the judgment of the learned Additional District Judge, Lahore dated 19-3-2008 and that of the learned Civil Court, Lahore dated 23-11-2006 & 28-3-2007. 2. The brief facts giving rise to the institution of this writ petition are that Mst. Shazia and Miss Kerolence Sadiq respondents No.1 & 2, filed petition under section 36 of Christian Divorce Act, 1869 for the recovery of maintenance…

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