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Petitioner: MUHAMMAD GUL VS Respondent: Mst. SHAHRU BIBI and 3 others
Court Name: Peshawar High Court Judge(s): Sardar Muhammad Raza Khan, Shakirullah Jan Title: MUHAMMAD GUL vs Mst. SHAHRU BIBI and 3 others Case No.: Civil Miscellaneous No, 83 of 1994 Date of Judgment:1994-07-06 Reported As: PLD 1995 Peshawar 77 Result: Petition dismissed
Judgment ORDER ' SARDAR MUHAMMAD RAZA KHAN, J.--The findings of Senior Civil Judge/Judge Family Court and District Judge, D.I. Khan dated 15-2-1994 and 22-6-1994 respectively are sought to be reversed through this writ petition on the ground that the maintenance of respondent-wife Mst. Shahru is decreed against the fact, without having been alleged in the statement and that of the minor was decreed till his attainment of majority despite the fact that it was never asked for such period. 2. It is matter of concern to note that a maintenance of extremely insufficient amount of Rs,300 per month and that too up to the period of "Iddat' is being assailed through invoking the writ jurisdiction of this Court. Equally, insufficient amount of Rs,300 per month for the minor who is the son of the petitioner is challenged through instant petition, little realising, that the petitioner is the natural guardian of the minor and it is his duty to support him financially till the time he attains majority. A Senior Civil Judge and the District Judge in their capacity as guardian Courts are the real guardians of a minor and in looking after the welfare of the minor they can order certain - things even suo motu. 3. A relief under Article 199 of the Constitution granted only when such grave injustice is going to take place against a person who has come to Court with clean hands. Neither any injustice has occurred in the instant case nor the forums below have acted without jurisdiction nor the petitioner has come with clean hands, therefore, the writ petition is dismissed in limine.