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2010 CLC 840

Miss SABOOR VS KASHIF SOHAIL

Petitioner: Miss SABOOR VS Respondent: KASHIF SOHAILHonorable Justice Ali Akbar QureshiMahmood Tahir Chaudhry,Nemo

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

2010 C L C 840

2010 C L C 840

[Lahore]

Before Ali Akbar Qureshi, J

Miss SABOOR through real mother---Petitioner

Versus

KASHIF SOHAIL and another---Respondents

Review Petition No.44 of 2009 in Writ Petition No.18168 of 2008, decided on 26th May, 2009.

West Pakistan Family Courts Act (XXXV of 1964)---

----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Review of order passed by the High Court in constitutional petition---Enhancement of amount of maintenance---Petitioner had sought review of the order passed by the High Court in constitutional petition on the ground that maintenance of minor was enhanced from Rs.800 per month to Rs.2500 per month, but had not mentioned regarding previous/past maintenance awarded by Family Court---Held, while disposing of the constitutional petition, monthly maintenance of minor was enhanced to Rs.2500 from Rs.800 w.e.f. February 2009---Order clearly showed that past maintenance would be Rs.800 per month as decreed by the Family Court, however for clarification, it was observed by the High Court that past maintenance will be given to the minor as per decree of the Trial Court, whereas future maintenance would be paid at enhanced rate of Rs. 2500 per month w.e.f. February 2009.

Mahmood Tahir Chaudhry for Petitioner.

Nemo for Respondents.

ORDER

ALI AKBAR QURESHI, J.---Through this review application, the petitioner has sought the review of the order dated 26-3-2009 passed by this Court in, Writ Petition No.18168 of 2008 on the ground that the maintenance was enhanced to Rs.2500 from February, 2009 but has not mentioned regarding the previous past maintenance awarded by the learned Family Court i.e. Rs.800 per month from 2-11-2006.

2. While disposing of the afore-said writ petition, the monthly maintenance of the minor was enhanced to Rs.2500 from 800 with effect from February, 2009, therefore, it is clear from the order, that the past maintenance will be paid at Rs.800 per month as decreed by the learned trial Court. However, for clarification, it is observed that past maintenance will be given to the minor as per decree of the learned trial Court whereas future maintenance will be paid @ Rs.2500 per month w.e.f. February, 2009.

3. With the above observation, this review application is disposed of.

H.B.T./S-252/L Order accordingly.

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