2012 PLP 721 (YLR)
MUHAMMAD MIFTAH — Petitioner Versus Mst. IFFAT AZIZ and others — Respondents
| Citation | 2012 PLP 721 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Asad Munir, J |
| Parties | MUHAMMAD MIFTAH — Petitioner Versus Mst. IFFAT AZIZ and others — Respondents |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2012 PLP 721 (YLR)?
This judgment primarily cites: West Pakistan Family Courts Act (XXXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 721 (YLR)?
The case was heard and decided by the Lahore bench comprising: Asad Munir, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 721 (YLR) (MUHAMMAD MIFTAH — Petitioner Versus Mst. IFFAT AZIZ and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Fawad Akram Shafi for Petitioner.
- Waqar Anjum for Respondents Nos. 1 to 3.
- 3. On the other hand, learned counsel for respondents Nos. 1 to 3 contested the stand of the petitioner and submits that the salary of the petitioner is over Rs.20,000 per month. Learned counsel for respondents Nos. 1 to 3 also submits that the writ petition is not maintainable as it does not finally decide the question of maintenance payable to the minors.
Headnotes / Summary
S. 5, Sched. & S.17-A
Constitution of Pakistan, Art. 199
Constitutional petition
Suit for recovery of maintenance of minor child
Order of Family Court fixing interim maintenance of minor
Such order was tentative in nature as issue of maintenance had yet to be decided finally by Family Court on basis of evidence to be produced by parties
High Court dismissed constitutional petition for being not maintainable.
Judgment & Decree
ASAD MUNIR, J.
This petition seeks the setting aside of the learned Judge Family Court, Lahore's order dated 17-10-2011 whereby the petitioner has been ordered to pay each of his minor daughters, respondents Nos. 2 and 3, the interim maintenance at the rate of Rs.3,000 per month.
2. It is contended by the learned counsel for that the petitioner is unable to pay the aforesaid interim maintenance as his salary is limited to Rs.8,000 per month.
3. On the other hand, learned counsel for respondents Nos. 1 to 3 contested the stand of the petitioner and submits that the salary of the petitioner is over Rs.20,000 per month. Learned counsel for respondents Nos. 1 to 3 also submits that the writ petition is not maintainable as it does not finally decide the question of maintenance payable to the minors.
4. After hearing the learned counsel, it is clear that the impugned order fixing the interim maintenance is tentative in nature and the issue of maintenance is yet to be finally decided by the learned Family Judge in the light of evidence produced by the parties. In the circumstances, the writ petition is not maintainable and is accordingly disposed of. However, the learned Judge Family Court is directed to decide the suit titled Mst. Iffat Aziz and others v. Muhammad Miftah within a period of four months from the date of receipt of a certified copy of this order. S.A.K./M-11/L Order accordingly.