Name: Qudratullah

B.L No 1369
Section E
Subject:Islamic personal Law
Case law No 1 Maintenance
Citation Name : 2016 PLD 73 LAHORE-HIGH-COURT-LAHORE
Side Appellant : ALI ADNAN DAR
Side Opponent : JUDGE FAMILY COURT

 Fact

Ss. 17-A & 5, Sched---General Clauses Act (X of 1897), S.24-A--Constitution of

Pakistan, Arts. 199 & 10-A---Constitutional petition--Maintainability---maintenance of
minor child---interim maintenance , fixation of---Procedure---interim order---Appeal

Issue
Family Court fixed interim maintenance of minor at the rate of Rs.10,000/- per month---
Validity---Family Court had power to pass interim maintenance order at any stage of the suit---
interim maintenance should be fixed after filing of written statement of the defendant---If
defendant had found that same was excessive or if order suffered from any illegality, irregularity
or same was arbitrary, fanciful, void ab initio, without jurisdiction or same had attained the status
of final order, then the constitutional petition was maintainable---Constitutional petition was not
maintainable where factual controversies were involved---Public Authority was required to
furnish reasons for every order whether the same was executive or judicial and order for grant of
interim maintenance allowance was not an exception----Family Court while keeping in view
prima facie status of both the parties fixed tentative interim maintenance allowance of the minor
daughter at the rate of Rs.10,000/- per month---Father was working abroad but he had not
mentioned about his actual salary in his written statement---Amount fixed by the Family Court
could not be termed excessive or in consistent with ostensible financial status of father in the
given circumstances-- Father was under legal as well as moral obligation to maintain and support
his minor daughter as per Injunction of Islam---Impugned order could not be assailed in
constitutional petition as statute did not provide any appeal against interlocutory order---
Impugned order was neither void ab initio nor without jurisdiction and not a final order-- Amount
of Rs.10,000/- per month as an interim maintenance was sufficient to meet day to day expenses of
minor daughter who was of only one and half year old

 Held
Family Court, while passing the interim maintenance was required to give the bear
minimum to the minor---No illegality or material irregularity had been pointed out in the
impugned order---Both the constitutional petitions were dismissed in circumstances.

 Case No 2
Citation Name : 2016 CLC 81 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD NADEEM
Side Opponent : ANEESA BIBI

 Fact
Ss. 14 & 17-A----Constitution of Pakistan, Art. 199---Constitutional petition---Suit for
maintenance
 Issue
Appeal---Appellate court upheld decree of maintenance of rupees thirty-five hundred per
month on ground that no appeal was maintainable against maintenance for less than
rupees five thousand---Validity---maintenance as a whole would determine pecuniary
jurisdiction of appellate court---Under S.17-A of West Pakistan Family Courts Act, 1964,
if defendant had failed to pay interim maintenance fixed by trial court, then not only right
of defence could be struck off but decree could also be passed
 Held
--Appellate court had incorrectly found that order of maintenance passed by Family Court
was interim order under S.14(3) of West Pakistan Family Courts Act, 1964, therefore no
appeal could be preferred against the same---High Court, setting aside impugned
judgment and decree, directed appellate court to decided appeal on merits---
Constitutional petition was allowed in circumstances.