Law: Family Courts Act, 1964

Section: 5, Schedule,S.14(3)

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition--Interim maintenance allowance, enhancement of---Petitioner aggrieved against the interim order of maintenance whereby Trial Court had granted maintenance allowance at the rate of Rs.2000 per month to minors, had approached the High Court for enhancement of the interim maintenance at the rate of Rs.3000 per month per baby---Contention of the petitioner was that since the respondent was serving as head Constable in Police Department and was also running two hotels, the interim maintenance allowance granted by the Trial Court was quite low which could be enhanced---Earning of the respondent was a question of fact, which required evidence as exact figure of the earning of the respondent was not available---Even the monthly salary of the respondent was not borne out from the record---Assertion of the counsel for the petitioner that the respondent was running two hotels and the earning from those two hotels was also not well worded, either in the petition or in the suit for maintenance---Trial Court was within its right and power to tentatively fix the quantum of interim maintenance---If after recording of evidence of the parties the exact figure of income of the respondent was established, the said quantum of maintenance could be altered or modified by the court in the light of the evidence brought before it---In absence of any material on record, the contention of the counsel for the petitioner, could not be accepted---Interim maintenance, could not be enhanced in exercise of constitutional jurisdiction of the High Court, unless the evidence to that effect was recorded by the Trial Court. Zaffar Hussain v. Farzana Nazly PLD 2004 Lahore 349. ref. THIS ORDER PASSED BY: ARSHAD NOOR KHAN, J.--- By this constitutional petition, the petitioner has prayed for enhancement of the interim maintenance awarded by the learned Family Court, Sukkur whereby, the learned Court granted Rs.2000 per month as interim maintenance allowance to the two children of the petitioner. The facts leading to the present petition in brief are that the petitioner…

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