| Citation(s) |
|---|
| 2003 SLG 750 2003 SLD 750 2003 SCMR 1909 |
Supreme Court of Pakistan
Civil Petition. No.2323-L of 2001, decision dated: 18th June 2002. (On appeal from the order of the Lahore High Court, Lahore, dated 13-6-2001 passed in W. P. No. 14437 of 2002)
MIAN MUHAMMAD AJMAL AND SARDAR MUHAMMAD RAZA, JJ
Syed Zamir Hussain, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner. Nemo. for
Respondents
Civil Petition. No.2323-L of 2001, decision dated: 18th June 2002. (On appeal from the order of the Lahore High Court, Lahore, dated 13-6-2001 passed in W. P. No. 14437 of 2002)
MIAN MUHAMMAD AJMAL AND SARDAR MUHAMMAD RAZA, JJ
Syed Zamir Hussain, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner. Nemo. for
Respondents
MUHAMMAD YOUSAF
VS
Mst. WALAYAT BIBI and 2 others
Law:
Section:
Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 9---Constitution of Pakistan (1973). Arts.185(3) & 199Maintenance----Petitioner had agreed before High Court to, pay total amount of Rs.54;000, at rate of Rs.3,000 per month, in two instalments-----Petitioner could not be allowed to turn around and say that rate of maintenance was excessive---High Court had correctly fixed period of maintenance---Maintenance granted seemed to be just and reasonable ---Supreme Court dismissed petition and refused leave. JUDGMENT MIAN MUHAMMAD AJMAL, J. ---This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore, dated 13-6-2001, whereby Writ Petition No.14437 of 2000 of the -Petitioner, was partly allowed. 2. Brief facts of the case are that on 29-2-1988 marriage between the -Petitioner and -Respondent No.1 was solemnized, however, no issue was born of the said wedlock. The -Petitioner contracted second marriage in the month of December, 1996 and divorced -Respondent No.1 on 15-11-1997. -Respondent No.1 filed an application for the grant of maintenance on 10-12-1997 before the Chairman, Arbitration Council, -Respondent No.2 who vide his order, dated 28-3-1997 granted maintenance allowance against the -Petitioner at the rate of Rs.6000 per month from 1-6-1996 to 15-5-1998 amounting to Rs.1,35,000. The -Petitioner filed a revision petition before the Deputy Commissioner/ Collector, Lahore, against the said order, dated 28-3-1997 who vide his order, dated 6-7-2000 modified the order reducing the amount of maintenance from Rs.6,000 per month to Rs.3,000 for the period determined by the -Respondent No.2. 3. The -Petitioner then filed Writ Petition No.14437 of 2000 before the Lahore High Court, Lahore. A learned Single Judge of the High Court vide her order, dated 13-6-2001 partly accepted the writ petition observing as under:-- "After hearing the learned counsel and examining record, I find that the maintenance has been awarded from 1-6-1996 although the -Petitioner entered into second marriage in December, 1996. therefore, presumption is that he was…
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