| Case ID |
052bf77f-2c85-49c5-9a37-76c418eea46f |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 1447 of 2010 |
| Decision Date |
Nov 19, 2015 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioner challenging the decision of the appellate court which increased the maintenance allowance for minors from Rs. 5,000 to Rs. 10,000 per month each. The court held that the initial maintenance amount set by the Family Court was insufficient considering the needs of the minors, particularly as one was a cancer patient. The appellate court's decision to increase the allowance was justified as it was within the father's financial capacity, given his reported income of Rs. 100,000 per month. The court affirmed that the allowance would also be subject to an annual increase of 20% to accommodate inflation and rising costs of living, thus ensuring the minors' basic needs were met. |
| Summary |
In the case of Writ Petition No. 1447 of 2010, the Lahore High Court addressed a dispute concerning the maintenance allowance for minors under the Family Courts Act, 1964. The court evaluated the decision of the appellate court which had increased the maintenance allowance from Rs. 5,000 to Rs. 10,000 per month for each minor, based on their needs and the financial capacity of the father, who was living abroad with a monthly income of Rs. 100,000. The case highlighted the importance of ensuring adequate financial support for minors, particularly in the context of rising costs of education and healthcare, especially for a minor suffering from cancer. The court ruled that the Family Court's initial allowance was insufficient and upheld the appellate court's discretion to modify the maintenance amount without the minors filing a separate appeal. This decision reinforces the court's role in ensuring that children's rights to maintenance are protected and that parents fulfill their financial obligations. The ruling also emphasizes the need for periodic adjustments in maintenance allowances to align with inflation, thereby safeguarding the welfare of minors involved in family disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD FARRUKH IRFAN KHAN,
NADEEM YOUSAF
|
| Lawyers |
Naved Ahmad Kh. for Petitioner.,
Irfan Younis Dar for Respondents Nos. 1 and 2.
|
| Petitioners |
Naved Ahmad Kh.
|
| Respondents |
3 Others,
Sara Nadeem
|
| Citations |
2017 SLD 2328 = 2017 MLD 876
|
| Other Citations |
Mateen Haider v. Additional District Judge, Lahore and others 2005 SCMR 1683,
Muhammad Nazir Khan v. Ahmad and 2 others 2008 SCMR 521,
Humayun Hassan v. Arslan Humayun and another PLD 2013 SC 557,
Farzana Rasool and 3 others v. Dr. Muhammad Bashir and others 2011 SCMR 1361,
Muhammad Tabish Naeem Khan v. Additional District Judge, Lahore and others 2014 SCMR 1365
|
| Laws Involved |
Family Courts Act, 1964,
Civil Procedure Code, 1908
|
| Sections |
5,
17,
XLI, R. 33
|