2007 Y L R 402

[Lahore]

Before Muhammad Muzammal Khan and Syed Sajjad Hussain Shah, JJ

Mst. NASIM AKTHAR and 2 others---Appellants

Versus

IQBAL AHMED CHAUDHARI and another---Respondents

I.C.A. No.56 of 2006 in Writ Petition No.18289 of 2005, decided on 1st November, 2006.

West Pakistan Family Courts Act (XXXV of 1964)---

----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---

Maintenance to minors---Custody of minors had been given to father by Guardian Judge---
Mother's constitutional petition was dismissed---Minors, on their own, came back to live with
mother and she filed suit for recovery of maintenance allowance for said minors---Held, mother's
right of hazanat was put to rest by dismissal of her constitutional petition and she was not
entitled to claim maintenance allowance for minors who had reverted to her on their own---
Father, in circumstances, could not be legally bound down to provide maintenance allowance for
minors whose custody was handed over to him.

Muhammad Siddique Awan for Appellants.

Respondent No.1 in person.

ORDER

Appellants assailed the judgment dated 2-2-2006 passed by the learned Single Judge in
Chambers of this Court, whereby on constitutional petition filed by respondent No.1, order dated
14-6-2005 directing him to pay interim maintenance, was declared to be illegal and without
lawful authority.

2. Succinctly, relevant facts are that custody of two minor daughters and a son was given by the
learned Guardian Judge to respondent No.1 vide his order dated 2-12-2003. Dispute of
guardianship attained finality by dismissal of constitutional petition by this Court, as far back as
in the year 2003-04 and the custody of all the minors was handed over to respondent No.1. The
minors of their own, came back to live with the appellant No.1 and she filed a suit for recovery
of their maintenance allowance. Learned Judge Family Court cognizant of the suit on 14-6-2005
directed respondent No.1 to pay interim maintenance allowance at the rate of Rs.900 per month
for Mst. Asma minor. Respondent No.1 aggrieved of direction dated 14-6-2005, filed a
constitutionalpetition, which was accepted as noted above. Appellants, thereafter, filed instant
appeal and respondent No.1 in response to notice by this Court appeared.
3. We have heard the learned counsel for the appellants and have examined the record.
Undeniably, controversy regarding custody of the minors stood concluded by dismissal of
appellant's constitutional petition (Writ Petition No.4490 of 2003 on 17-3-2003 and thereafter
appellant's right of "Hazanat" was also put to rest by dismissal of another constitutional petition
(Writ Petition No. 16131 of 2004), on 16-3-2004. After conclusion of this matter, appellant No.1
was not entitled to claim maintenance allowance if the minors have reverted to her of their own.
In the given circumstances of this case, respondent No.1 cannot be legally bound down to
provide maintenance allowance for the minors whose custody was handed over to him.

4. Besides the reasons noted above, we are not persuaded to form a different opinion to the one
expressed in the impugned judgment and consequently, dismiss this appeal being devoid of any
merit. There will be no order as to costs.

F.B./N-114/LAppeal dismissed.