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Petitioner: M. ANWAR VS Respondent: Mst. KANWAL BIBIHonorable Justice Muhammad Khalid AlviRao Javed Khurshid
2010 Y L R 1211
2010 Y L R 1211
[Lahore]
Before Muhammad Khalid Alvi, J
M. ANWAR---Petitioner
Versus
Mst. KANWAL BIBI---Respondent
Writ Petition No.5003 of 2007, decided on 9th July, 2009.
West Pakistan Family Courts Act (XXXV of 1964)---
----S. 5, Sched. & S.14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for maintenance---Trial Court decreed the suit for maintenance for plaintiff to the tune of Rs.800 per month, for her two minors to the tune of Rs.500 per month each without even fixing any annual increase---Appellate Court had upheld findings of the Trial Court---Appeal filed by the defendant before the Appellate Court was incompetent on account of the bar contained under S.14 of West Pakistan Family Courts Act, 1964---Amount of maintenance to the tune of Rs.500 per month to the minors and that too without any annual increase, was improper as with that much amount a child could not survive---Father was duty bound to maintain his minor children properly---Impugned order was modified with regard to the amount from Rs.500 per month to Rs.1000 per month with the annual increase of 10%.
Rao Javed Khurshid for Petitioner.
ORDER
MUHAMMAD KHALID ALVI, J.---Brief facts of the case are that respondent No.3 filed a suit claiming maintenance allowance for herself and her minor children and also delivery expenses of one of the child to the tune of Rs.14,900. Suit was contested by the petitioner. After recording evidence of the parties, the learned Trial Court vide judgment and decree dated 14-6-2006 decreed the suit for maintenance for respondent No.3 to the tune of Rs.800 per month w.e.f. the date of filing of the suit while for the elder minor it was decreed to the tune of Rs.500 per month from the date of institution and for the other minor from the date of his birth at the same rate without even fixing any annual increase. This decree was assailed by the petitioner through an appeal, which stands dismissed vide judgment and decree dated 2-3-2007. Both these judgments and decrees are being assailed through the instant writ petition.
2. Firstly, it is to be observed that appeal filed by the petitioner before the learned lower Appellate Court was incompetent due to bar contained under section 14 of the Family Courts Act, 1964. I have noted that the amount of maintenance to the tune of Rs.500 per month and that too, without any annual increase, is ridiculous. With this amount, a child cannot survive. It is the duty of the father to maintain his minor children and maintenance shall be at least bare minimum for the maintenance of the child. In these circumstances, I modify order of the learned Trial Court with regard to the amount from Rs.500 per month to Rs.1,000 per month per child with an annual increase of 10%. With this modification, this petition stands disposed of. Copy of this order shall be sent to the learned executing Court and to respondent No.3.
H.B.T. /M-117/L Order accordingly.