Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964), Ss. 5 & 20 and Criminal Procedure Code (V of 1898), Ss. 488 & 435---Maintenance---Order of Magistrate under S. 488, Cr. P. C. and appeal against that order disposed of prior to date of application of West Pakistan Family Courts Act, 1964----Mere fact that revision pending in High Court, when Act made applicable, would riot render order of maintenance passed by Magistrate as one without jurisdic­tion-----Revision, like appeal, not continuation of original proceeding. Where an order of maintenance under section 488, Cr. P. C. was made and appeal against that order disposed of prior 'to the date the West Pakistan Family Courts Act, 1964, was made applicable to a particular area, the mere fact that pending revision against that order in the High Court the Act had been made applicable in that area, would not make the order of the Magistrate under section 488, Cr. P. C. as one without jurisdiction. A revision is not like an appeal a continuation of the original proceeding. Adrian Afzal v. Captain Sher Afzal P L D 1969 S C 187 dis­tinguished. (b) Criminal Procedure Code (V of 1898), S. 488---Mainte­nance---Word "child" in S. 488 must be one "unable to maintain itself "Whether child in position to maintain itself----Depends on status and circumstances of each family----Word "maintenance"----­Includes education but not education at higher level ad infinitum. Section 488, Cr. P. C. creates a statutory liability, indepen­dent from the personal law liability, for the maintenance of one's wife and children, both legitimate and illegitimate, who are unable to maintain themselves. The word "child" has not been defined in the Code but this does not mean that it can be construed without any regard for its ordinary or natural meaning or in such a way as to produce an absurdity. Though the word "child" in its widest sense may mean any son or daughter or any progeny yet, it cannot extend to embrace within its fold a person of 40 or 50 just because his parents are alive. In most cases, however, no difficulty will arise, for, the condition that…

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