| Case ID |
02d001b8-272f-4cba-b5c8-db829106d010 |
| Body |
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| Case Number |
Civil Petition No.518 of 1984 |
| Decision Date |
Apr 30, 1985 |
| Hearing Date |
Apr 30, 1985 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to consider whether the maintenance decree could only be operative from the date of the institution of the suit rather than the date when the wife started living separately. The Court required further consideration of the issues raised regarding the amount of maintenance allowance determined by the trial Court. The interim stay order was modified, requiring the petitioner to pay maintenance at a rate of Rs.100 from 30-4-1976, to be deposited with the Assistant Registrar within two months. Failure to deposit would result in the dismissal of the appeal for non-prosecution. The petition was allowed, and the decision highlighted pertinent issues in family law regarding maintenance and its implications. |
| Summary |
This case revolves around critical issues of family law, specifically maintenance as per the West Pakistan Family Courts Act and relevant provisions of the Constitution of Pakistan. The Supreme Court's decision to grant leave to appeal emphasizes the importance of determining the effective date of maintenance decrees and the necessity of a fair assessment of the maintenance amounts. The case also reflects the ongoing challenges in family law, where the rights of spouses in maintenance disputes are crucial. Keywords such as 'family law', 'maintenance decree', 'Supreme Court of Pakistan', and 'legal rights of spouses' are vital in understanding the implications of this decision. The ruling not only addresses the specifics of the case at hand but also sets a precedent for future cases concerning maintenance and the interpretation of family law provisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH,
SHAFIUR RAHMAN
|
| Lawyers |
Sh. Masud Akhtar
|
| Petitioners |
SIKANDER ALI KHAN
|
| Respondents |
Mst. MUQARRAB JEHAN BEGUM
|
| Citations |
1985 SLD 1085,
1985 SCMR 2079
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Family Courts Act (XXXV of 1964)
|
| Sections |
Art. 185(3),
S.5
|