Law:

Section:

West Pakistan Family Courts Act (XXXV. of 1964)-------S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintenance allowance---Enhancement of---Nazim, Union Council in post-remand proceedings reduced maintenance allowance from Rs.3,000 per month to Rs.800 per month---On revision, District Officer Revenue, enhanced maintenance allowance from Rs.800 per month to Rs.2,500 per month---Validity---Increase of maintenance allowance was not at all justified from evidence on record---According to certificate issued by employer of the petitioner, monthly salary of petitioner was Rs.2,900 per month; it was very harsh to burden petitioner with maintenance allowance of Rs.2,500 per month out of salary of Rs.2,900 per month, even ignoring his other responsibilities/liabilities---Respondent to whom maintenance allowance was granted was living in a village and according to the earning of petitioner, maintenance allowance of Rs.800 per month was correctly fixed and revisional Court fell into an error of law in enhancing same, beyond the capacity of petitioner and contrary to evidence on record---Impugned order was declared to be void and of no legal consequence and order of fixing maintenance allowance at Rs.800 per month would hold the field. Mian Muhammad Waseem for Petitioner. Sh. Ghulam Muhammad for Respondents. ORDER MUHAMMAD MUZAMMAL KHAN, J.---Instant constitutional petition prayed that order, dated 17-3-2005 passed by respondent No.1 may be declared illegal, void and of no legal consequence whereby maintenance allowance of Rs.800 per month awarded by respondent No.3 was enhanced to Rs.2,500 per month on revision petition of Mst. Razia Bibi respondent No.4. 2. Succinctly, relevant facts are that respondent No.4 was married with the petitioner on 1-6-1994 according to Muslim rites through a registered Nikahnama. This wedlock gave birth to a child who was named as "Husnain" and at the present is of the age of 4/5 years in the custody of respondent No.4. Relations between the spouses did not remain cordial and after separation, ultimately ended ' in divorce. Respondent No.4 during the period of separation filed an application for her…

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