1995 PLP 1937 (MLD)

Writ Petition No.2670 of 1970, decided on 8th May, 1995. ‑‑‑‑S.5 & Sched. -‑Constitution of Pakistan (1973), Art.199‑‑‑Constitutional petition‑‑‑Maintenance allowance to minor daughters‑‑‑Defendant (husband) claimed that he had divorced his wife on condition that she would not claim maintenance for minor daughters‑‑‑Trial Court dismissed minor's claim for maintenance whereas Appellate Court granted maintenance allowance to each child‑‑‑Validity‑‑‑Petitioner's (defendant's) plea that minor's mother at the time of divorce had agreed not to claim maintenance had no legal force‑‑ Minors had separate legal entity and they could not be deprived of their legal rights by their mother‑‑‑Father was liable to. pay maintenance allowance to minors‑‑‑Appellate Court had correctly passed judgment and decree in the matter‑‑‑Being liable to pay maintenance to his minor issues, no Constitutional right of petitioner (defendant) had been violated‑‑‑Constitutional petition filed by defendant/petitioner being without merit was dismissed. Malik Noor Muhammad for Petitioner. Muhammad Azeem petitioner was married to Mst. Bashiran respondent No.1 and out of the said wedlock four daughters namely Mst. Salina, Mst. Nasira, Mst. Razia and Mst. Hajira were born. Unfortunately the relations between the said spouses became strained and on 26‑3‑1988 Muhammad Azeem petitioner divorced Mst. Bashiran. According to Muhammad Azeem he divorced her and she agreed not to get the maintenance of the minor issues. However, respondents Nos.2 to 5 filed the suit to recover the maintenance allowance which was dismissed on 13‑2‑1994 by the Judge Family Court, Alipur, District Muzaffargarh. The appeal was preferred which was accepted on 18‑4‑1995 and the petitioner was directed to pay maintenance allowance in the sum of Rs.250 per month to each of respondents Nos.2 to 5 with effect from 27‑11‑1990 i.e. date of institution of the suit till they attained the puberty or their custody is obtained by him. Feeling aggrieved Muhammad Azeem petitioner has filed this writ petition.

2. I have heard the preliminary arguments addressed by the learned counsel for Muhammad Azeem petitioner who mainly laid the emphasis that he was not liable to pay the maintenance allowance to the minor daughters as, his wife Mst. Bashiran respondent No.1 (mother of his daughters respondents Nos.2 to 5) obtained the divorce when she agreed not to get the maintenance allowance for the minors. This assertion has no legal force. The minors have the separate legal entity and they cannot be deprived of their legal right(s) by their mother Mst. Bashiran respondent No.1 or by their father Muhammad Azeem petitioner. In the eyes of law the father is liable to pay the maintenance allowance to the minor issues and the District Court has correctly passed the p judgment and decree in the matter. It is pertinent to mention that during these days of high cost of living the petitioner has been made liable to pay an amount of Rs.250 per month to each of respondents Nos.2 to

5. The matter has already been taken lightly in his favour. The petitioner is liable to maintain his minor issues/respondents Nos.2 to 5 and I hold that no Constitutional right of Muhammad Azeem petitioner has been infringed or violated. Consequently‑it can safely be held that this writ petition has no merit.

3. For what has been said above I dismiss this writ petition in limine. AA./M‑2531/L Petition dismissed.