Law: West Pakistan Relief of Indebtedness Ordinance (XV of 1960)

Section: 14(2)

Law: West Pakistan Relief of Indebtedness Ordinance (XV of 1960)

Section: 14(2)

(a) Interpretation of statutes-------Law has always to be interpreted in a manner so as to give a logical and reasonable meaning to it and also to advance the cause and object of relevant legislation. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 14(2)---Appeal---Maintainability---Quantum of maintenance allowance---Scope---Law relating to grant of maintenance allowance is in essence aimed at welfare of persons entitled to get maintenance---Any interpretation which is likely to put a clog on such right would run counter to the spirit of the law and, thus must be turned down---If a right of appeal against insufficiency of quantum of maintenance allowance is curbed on the strength of S.14 (2) of west Pakistan Family Courts Act, 1964, it would be inhuman, unreasonable and against all norms of logic and law---Only sense that S.14 (2) of West Pakistan Family Courts Act, 1964, makes in true perspective of law is that bar provided therein is against debtor and not against decree holder agitating against insufficiency of maintenance allowance decreed by court. Mst. Neelam Nosheen and others v. Raja Muhammad Khaqaan and others 2002 MLD 784 and Saeed Alia v. Syed Ghulam Mursalin Naqvi 2004 MLD 306 rel. (c) West Pakistan Relief of Indebtedness Ordinance (XV of 1960)--- ----S. 11---Instalments of debt---Principle---Where provisions of S.11 of West Pakistan Relief of Indebtedness Ordinance, 1960 are attracted, the court is not bound to get consent of decree-holder to direct payment by instalments---Once court comes to conclusion that case of -debtor is that of a "debtor" within the meaning of the Ordinance, it is well within its domain to exercise powers available to it under S.11 of West Pakistan Relief of Indebtedness Ordinance, 1960, without any clog of any contract or other law for the time being in force. (d) West Pakistan Relief of Indebtedness Ordinance (XV of 1960)--- ---Ss. 2(c), 5 & 11---West Pakistan Family Courts Act (XXXV of 1964), S.5---Constitution of Pakistan (1973), Art.199---Constitutional petition---Recovery of maintenance allowance---Husband was arrested in execution of decree passed by Family Court for recovery of maintenance allowance…

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