Maintenance of Minor Child Case Laws 2016 PLD 73 LHC, Ss. 17-A & 5, Sched—General Clauses Act (X of 1897), S.24-A–Constitution of Pakistan, Arts. 199 & 10-A—Constitutional petition–Maintainability—maintenance of minor child—interim maintenance , fixation of—Procedure—interim order—Appeal—Family Court fixed interim maintenance of minor at the rate of Rs.10,000/- per month–Validity—Family Court had power to pass interim maintenance order at any stage of the suit—interim maintenance should be fixed after filing of written statement of the defendant—If defendant had found that same was excessive or if order suffered from any illegality, irregularity or same was arbitrary, fanciful, void ab initio, without jurisdiction or same had attained the status of final order, then the constitutional petition was maintainable—Constitutional petition was not maintainable where factual controversies were involved—Public Authority was required to furnish reasons for every order whether the same was executive or judicial and order for grant of interim maintenance allowance was not an exception—-Family Court while keeping in view prima facie status of both the parties fixed tentative interim maintenance allowance of the minor daughter at the rate of Rs.10,000/- per month—Father was working abroad but he had not mentioned about his actual salary in his written statement—Amount fixed by the Family Court could not be termed excessive or in consistent with ostensible financial status of father in the given circumstances– Father was under legal as well as moral obligation to maintain and support his minor daughter as per Injunction of Islam—Impugned order could not be assailed in constitutional petition as statute did not provide any appeal against interlocutory order—Impugned order was neither void ab initio nor without jurisdiction and not a final order– Amount of Rs.10,000/- per month as an interim maintenance was sufficient to meet day to day expenses of minor daughter who was of only one and half year old—Family Court, while passing the interim maintenance was required to give the bear minimum to the minor—No illegality or material irregularity had been pointed out in the impugned order—Both the constitutional petitions were dismissed in circumstances.
Maintenance of Minor Child Case Laws 2016 PLD 73 LHC
