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Petitioner: MUHAMMAD MIFTAH VS Respondent: Mst. IFFAT AZIZ and others
Court Name: Lahore High Court Judge(s): Asad Munir Title: MUHAMMAD MIFTAH vs Mst. IFFAT AZIZ and others Case No.: Writ Petition No,24671 of 2011 Date of Judgment:2011-11-22 Reported As: 2012 YLR 721 Result: Order accordingly
Judgment ORDER ' ASAD MUNIR, J.---This petition seeks the setting aside of the learned Judge Family Court, Lahore's order dated 17-10-2011 whereby the petitioner has been ordered to pay each of his minor daughters, respondents Nos., 2 and 3, the interim maintenance at the rate of Rs,3,000 per month. 2. It is contended by the learned counsel for that the petitioner is unable to pay the aforesaid interim maintenance as his salary is limited to Rs,8,000 per month. 3. On the other hand, learned counsel for respondents Nos. 1 to 3 contested the stand of the petitioner and submits that the salary of the petitioner is over Rs,20,000 per month. Learned counsel for respondents Nos. 1 to 3 also submits that the writ petition is not maintainable as it does not finally decide the question of maintenance payable to the minors. 4. After hearing the learned counsel, it is . Clear that the impugned order fixing the interim maintenance is tentative in nature and the issue of maintenance is yet to be finally decided by the learned Family Judge in the light of evidence produced by the parties. In the circumstances, the writ petition is not maintainable and is accordingly' disposed of. However, the learned Judge Family Court is directed to decide the suit titled Mst. Iffat Aziz and others v. Muhammad Miftah within a period of four months from the date of receipt of a certified copy of this order.
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