Case Details

Citation(s)
2002 SLG 2019 2002 SLD 2019 2002 CLC 1748
Lahore High Court
Writ Petition No.6321 of 2001, decision dated: 10-04-2002
FARRUKH LATEEF, J
Muhammad Naveed Hashmi for Petitioner. Islam Ali Qureshi for
Respondents Nos. to 3

M. JAVED IQBAL

VS

Mst. TAHIRA NAVEED

Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Recovery of maintenance---Jurisdiction of Family Court ---Scope--- Family Court has the jurisdiction to entertain and adjudicate upon the matters specified in Sched. of West Pakistan Family Courts Act, 1964---Maintenance is specified in the Sched. and the Family Court has jurisdiction to adjudicate the matter. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 5 & 14---Recovery of maintenance---Suit decreed by Senior Civil Judge and appeal decided by District Judge---Validity---If the Family Court was not presided over by the District Judge, under S.14 of West Pakistan Family Courts Act, 1964, the decision given or decree passed by Family Court was appealable to District Judge---Judgment and decree was passed by Senior Civil Judge and appeal was heard by District Judge both the Courts below thus had lawful authority to pass s and decrees respectively. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5---Constitution of Pakistan (1973); Art.199---Constitutional petition--- Maintenance and delivery expenses---Determination---Wife sought recovery of maintenance for the minors and herself and also sought recovery of delivery expenses---Suit was decreed in favour of the wife at the rate of Rs.500 each per month and a sum of Rs.22,797 as delivery expenses---Appeal against the and decree passed by the Family Court was dismissed by the Appellate Court---Validity Assessment of evidence or determining the amount of maintenance is the function of Family Court which had the exclusive jurisdiction to decide such matters---While determining the amount of maintenance and assessing the expenses incurred by the wife on the ,delivery/birth of son, the Family Court had neither misread any evidence nor any material piece of evidence was overlooked---High Court declined to interfere with the s and decrees passed by the Courts below---Constitutional petition was dismissed in circumstances. (d) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 17---Qanun-e-Shahadat (10 of 1984), Preamble---Civil Procedure Code (V of 1908), Preamble---Proceedings before Family…
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