Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5 & Sched.---Constitution of Pakistan (1973), Art.185(3)---Suit for maintenance by minor son and daughter---Family Court decreed the suit at the rate of Rs, 2,000 per month per child from date of suit till age of puberty ---Appeal filed by father was dismissed by Appellate Court and Constitutional petition also met the same fate---Validity---Father had not denied parentage of minors---Father had produced pay slip regarding his financial status showing that his monthly income was Rs.22,072 per month, and after deduction, he was taking home Rs.16,000 per month--­Decretal amount was neither exorbitant nor disproportionate to father's earning sources---Supreme Court dismissed petition and refused leave. ORDER SH. RIAZ AHMED, C.J.---Leave to appeal is sought against an order dated 26-4-2001 whereby a learned Single Judge of the Lahore High Court dismissed the Constitution petition of the -Petitioner to assail the judgment of the Additional District Judge, Faisalabad dated 22-1-2001, by means of which judgment and decree of the trial Court dated 31-5-2000 was upheld. 2. Resume of facts giving rise to the institution of this petition for leave to appeal is that out of the wedlock between the -Petitioner and Mst. Nasreen Iqbal, -Respondents 1 and 2 were born. Subsequently differences arose between the spouses and ultimately, they fell apart. It is stated that both son and daughter of -Petitioner aged 9 and 6 respectively living with their mother and getting their education in a school, had instituted suit for maintenance on 16-3-1998 against the -Petitioner claiming maintenance allowance at the rate of Rs.2000 each per month. On account of non-appearance of the -Petitioner, he' was proceeded ex parte, but subsequently the ex parte order was set aside and -Petitioner had filed the written statement admitting the -Respondents as his son and daughter and reiterated that he was an Officer in the Allied Bank of…

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