Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintenance---Source of income---Scope---Petitioner was qualified doctor having two wives residing in two separate houses---Petitioner had already contracted marriage with four ladies and had been visiting abroad and after divorce to respondent had entered into another marriage---Maintenance allowance awarded to respondent by Family Court was enhanced by Lower Appellate Court to Rs.6,000 till effectiveness of Talaq, which was for 15 months---Validity---Evidence of petitioner was not believable that he was getting only Rs.7,000 as salary while maintaining two families---Rate of maintenance allowance enhanced in appeal by Lower Appellate Court was not beyond the means of petitioner or otherwise exorbitant---Bleak sources or means of income of husband or father was hardly a valid ground in the context of maintenance, so as to justify interference in findings recorded by courts of fact---Judgment and decree passed by Lower Appellate Court was in accordance with law and based on evidence---High Court, in exercise of constitutional jurisdiction, declined to interfere in and decree passed by Lower Appellate Court---Petition was dismissed in circumstances. Nasir Ahmad Awan for Petitioner. Muhammad Siddique Awan for Respondents Nos.3 and 4. ORDER S. ALI HASSAN RIZVI, J.---Instant writ petition is filed against the judgment and decree, dated 12-9-2008 whereby the learned Appellate Court modified the judgment and decree rendered by the learned Judge, Family Court and enhanced the maintenance allowance of respondent No.3 from Rs.2,000 to Rs.3,000 and of respondent No.4 from Rs.3,000 to Rs.4,000. 2. Brief facts necessary for disposal of the writ petition are that respondent No.3 filed a suit for recovery of maintenance allowance of herself and for her one minor daughter (respondent No.4) against the petitioner. The learned trial Court framed the issues arising out of pleadings of the parties and after recording the evidence, the suit for maintenance allowance of respondent No.3 at the rate of Rs.2,000 per month w.e.f. 1-1-2005 till…

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