Case Details

Citation(s)
2007 SLG 906 2007 SLD 906 2007 CLC 727
Lahore High Court
Writ Petition No.2161 of 2004, decision dated: 23rd January, 2007
MAULVI ANWARUL HAQ, J

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SHAKEEL AZHAR

VS

ADDITIONAL DISTRICT JUDGE and 3 others

Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sehed.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Past maintenance---Entitlement of minor---Respondents were minor son and ex-wife of the petitioner---Ex-wife of petitioner in a suit was denied maintenance with reference to a decree granted to her on the basis of Khula, whereas minor child was granted maintenance for the last two years---Appeal of petitioner against of the Trial Court having been dismissed by Appellate Court being not competent, petitioner filed constitutional petition---Petitioner had claimed that past maintenance could not be allowed to the minor---Validity---Minor, held, was rightly granted past maintenance in circumstances---Constitutional petition was dismissed. Mst. Ghulam Fatima v. Sheikh Muhammad Bashir PLD 1958 (W.P.) 596 and Ghulam Nabi v. Muhammad Asghar and 3 others PLD 1991 SC 543 rel. Raja Asif Qayyum for Petitioner. Raja Saghir-ur-Rehman for Respondents Nos.3 and 4. ORDER MAULVI ANWARUL HAQ, J.--- On 21-2-2001, respondents Nos.3 and 4 who are respectively the minor son and ex wife of the petitioner filed a suit for recovery of maintenance at the rate of Rs.2,000 per month with effect from two years prior to the institution of the suit. The suit was resisted. Issues were framed and evidence of the parties was recorded. Respondent No.4 was denied maintenance with reference to a decree granted to her on the basis of Khula whereas respondent No.3 i.e. the minor child was…
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