Recovery of maintenance
Recovery of maintenance legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Wife contended that when factum of cruelty was proved, marriage should not have been dissolved on the basis of Khula and she was entitled to recovery of maintenance also
Validity
Attitude of wife had made her desert her husband's house and preferred to stay with her parents, and the same could not be termed as ouster of wife on the part of husband from his house but rather a desertion on the part of wife to leave her husband's house out of her own sweet and free will
Wife was disobedient, therefore, she did not have right to claim maintenance from her husband and the same was rightly disallowed to her by Family Court
Element of cruelty and torture at the hands of husband was disproved, therefore, marriage was rightly dissolved on the basis of Khula
High Court, in exercise of constitutional jurisdiction under Art. 199 of the Constitution, declined to make factual determination or interfere in judgment passed by competent court vested with statutory powers unless there was a jurisdictional error or other legal infirmity such as arbitrariness etc. in the order assailed before High Court
Petition was dismissed in circumstances.
"Recovery of maintenance", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124939875
Precedents & Case Laws citing "Recovery of maintenance"
2022 Y L R 444
MUHAMMAD AFZAL KHAN and another — Appellants Versus JUDGE FAMILY COURT, MUZAFFARABAD and 2 others — Respondents
Court: Supreme Court (AJ&K)2010 Y L R 2711
AMANAT MASIH — Petitioner Versus Mst. NAJMA BIBI and 2 others — Respondents
Court: Lahore2012 Y L R 1559
MUHAMMAD YASEEN and another — Appellants Versus Mst. KALI BIBI and others — Respondents
Court: Shariat Court (AJ&K)2010 Y L R 349
TARIQ MEHMOOD — Petitioner Versus Mst. FARAH SHAHEEN — Respondent
Court: Lahore2010 Y L R 2691
MUHAMMAD MUNIR — Petitioner Versus KANEEZ FATIMA and another — Respondents
Court: LahoreP L D 2003 Lahore 264
MUHAMMAD ASLAM ‑‑Petitioner Versus ADDITIONAL DISTRICT JUDGE and others‑‑‑Respondents
Court:2007 Y L R 1366
MUHAMMAD KHALID JAVEED — Petitioner Versus Mst. SHAHIDA PARVEEN and 4 others-Respondents
Court: Lahore2006 C L C 1185
Mst. KAUSAR JABEEN — Petitioner- Versus ADDITIONAL DISTRICT JUDGE and another — Respondents
Court: Lahore2006 Y L R 754
BASHIR AHMAD and another — Petitioners Versus Mst. MUSSARAT SHAHEEN and 4 others — Respondents
Court: LahoreP L D 1997 Lahore 680
MUHAMMAD RIAZ‑‑‑Petitioner Versus DISTRICT COLLECTOR, OKARA and 3 others‑‑‑Respondents
Court: ‑‑‑‑S. 9‑‑‑West Pakistan Land Revenue Act (XVII of 1967), S.82‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Maxim: "Nemo debet bis vexari pro una et eadem causa"‑‑‑Applicability‑‑‑Recovery of maintenance as arrears of land revenue in execution of decree‑‑‑Applicability of maxim "Nemo debet bis vexari pro una et eadem causa" (No man shall be twice vexed for one and the same cause)‑‑ Extent‑‑‑For recovery of maintenance as arrears of land revenue, any defaulter who had once served out maximum period of civil imprisonment was not liable to be again incarcerated under provision of S.82, West Pakistan Land Revenue Act, 1967‑‑‑Maxim "Nerno debet bis vexari pro una et eadem causa" was fully attracted to such case‑‑‑Defaulter, however, could not be absolved of his liability to pay maintenance‑‑‑Amount of maintenance was recoverable by all other lawful methods‑‑‑Warrants for arrest and detention of petitioner issued by respondent (official) were declared to be without lawful authority and of no legal effect.‑‑Maxim.