| Citation(s) |
|---|
| 2008 SLG 1613 2008 SLD 1613 2008 SCMR 505 |
Supreme Court of Pakistan
Civil Petitions Nos.1938-L, 1939-L of 2002 and 925-L of 2004, decision dated: 21st October, 2005. (On appeal from the order, dated 21-5-2002 passed by the Lahore High Court, Lahore in Writ Petition No.19822 of 2001 etc.)
FAQIR MUHAMMAD KHOKHAR AND KARAMAT NAZIR BHANDARI, JJ
Mian Allah Nawaz, Advocate Supreme Court and C.M. Latif, Advocate-on-Record for Petitioner (in C.Ps. Nos.1938 and 1939-L of 2002). Mian Allah Nawaz, Advocate Supreme Court and Haji M. Rafi Siddiqui, Advocate-on-Record for Petitioner (in C.P. No. 925-L of
Civil Petitions Nos.1938-L, 1939-L of 2002 and 925-L of 2004, decision dated: 21st October, 2005. (On appeal from the order, dated 21-5-2002 passed by the Lahore High Court, Lahore in Writ Petition No.19822 of 2001 etc.)
FAQIR MUHAMMAD KHOKHAR AND KARAMAT NAZIR BHANDARI, JJ
Mian Allah Nawaz, Advocate Supreme Court and C.M. Latif, Advocate-on-Record for Petitioner (in C.Ps. Nos.1938 and 1939-L of 2002). Mian Allah Nawaz, Advocate Supreme Court and Haji M. Rafi Siddiqui, Advocate-on-Record for Petitioner (in C.P. No. 925-L of
Malik AMIR AKBAR
VS
Mian MURID HUSSAIN, ADDITIONAL DISTRICT JUDGE, LAHORE and others
Law:
Section:
(a) Guardians and Wards Act (VIII of 1890)----Ss. 17 & 25---Constitution of Pakistan (1973), Art.185(3)---Custody of minor son and daughter---Dismissal of father's application for custody by courts below and High Court---Validity---Both children had reached age of maturity, thus, uprooting them at such stage would be improper particularly in absence of any infirmity in impugned ---Supreme Court dismissed petition in circumstances. (b) West Pakistan Family Courts Ordinance (XXXV of 1974)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Arts.185(3) & 199---Suit for recovery of maintenance of minor---Family Court decreed suit @ Rs.20,000 per month with 15% annual increase therein. in future---Appellate Court in appeal reduced monthly maintenance to Rs.15,000 with 10% annual increase therein in future, which was upheld by High Court in constitutional petition---Plea of father was that mother of minor was in affluent circumstances, who should share maintenance---Supreme Court disposed of petition with consent of parties by fixing amount of maintenance @ Rs.10,000 per month with 10% annual increase therein from date of of Family Court subject to deposit of arrears by father within two months in Family Court, otherwise of Appellate Court would stand revived. (c) West Pakistan Family Courts Ordinance (XXXV of 1974)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Arts.185(3) & 199---Suit for recovery of dower amount---Decree for amount of Rs.6,00,000 passed by Family Court was upheld by Appellate Court and in constitutional petition by High Court---Plea of ex-husband before Supreme Court was that he was not well off to pay decretal amount---Ex¬wife on her own reduced her claim to Rs.4,50,000 subject to its deposit by ex-husband within two months with Family Court---Supreme Court with consent of counsel for parties modified decree in such terms with observations that on failure of ex-husband to do so, original decree of Rs.6,00,000 would stand revived. ORDER KARAMAT NAZIR BHANDARI, J.--- This order will dispose of the above three Civil Petitions for leave to Appeal as these are between the same parties and arise from common background.…
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