Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for maintenance allowance--Enhancement of allowance---Validity---Defendant (petitioner) contended that Trial Court had awarded maintenance to the plaintiff (wife) which was excessive and the period of the same was too long---Defendant had failed to prove that he had been paying any maintenance to the plaintiff---Mother of the plaintiff had been tending to all her needs without any financial assistance from the defendant---Enhancement of maintenance from Rs.1,500 to Rs.5,000 was justified in prevailing double digit inflation---Constitutional petition was dismissed by High Court in limine. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for maintenance---Age of majority of minor girl--- Marriage---Effect---Suit filed by the plaintiff for maintenance allowance was decreed by Trial Court---Appellate Court on appeal enhanced the maintenance from Rs.1,500 to Rs.5,000---Father asserted that he was paying maintenance to minor, daughter till she attained the age of majority and that now being a major she was not entitled to any further maintenance from him and that she had not accepted the marriage proposal suggested by him, thus, she disentitled herself to any maintenance---Validity---Father had neglected the plaintiff (daughter) and she had been reared and nurtured by her mother---Defendant could not waltz into life of his daughter and impose his will on her---Both parties to a marriage should be amenable to tying the marital knot---Girl could not be compelled into a marriage against her will---Father was bound to provide maintenance to his daughter till she got married---Constitutional petition was dismissed by High Court in limine. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Civil Procedure Code (V of 1908), S.11---Constitution of Pakistan (1973), Art.199---Constitutional petition---Res judicata, principle of---Applicability---Principle of res judicata is not applicable in matters…

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