| Case ID |
14ad4097-d650-45bc-b1d6-789759dd50d2 |
| Body |
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| Case Number |
Writ Petition No.17164 of 2003 |
| Decision Date |
Feb 08, 2005 |
| Hearing Date |
Feb 08, 2005 |
| Decision |
The Lahore High Court accepted the writ petition and modified the impugned decisions of the lower courts regarding maintenance allowance. The court ruled that the remittances made by the petitioner, after the divorce, should be adjusted towards the maintenance allowance of the minor. The court clarified that payments made after the divorce were not for the divorced wife but were intended for the minor's maintenance, thus allowing the adjustment of these payments. |
| Summary |
In the notable case of Writ Petition No.17164 of 2003 heard by the Lahore High Court, the matter revolved around maintenance allowance for a minor following the divorce of the petitioner from the respondent. The Family Court initially decreed a monthly maintenance of Rs.4,000, which was later reduced to Rs.3,000 by the Appellate Court. The High Court intervened, emphasizing the importance of remittances made by the petitioner post-divorce, clarifying that these payments were intended for the minor's maintenance rather than the divorced wife. This case highlights key aspects of family law, including the rights of minors and the implications of divorce on maintenance obligations. The ruling serves as a significant precedent in family law jurisprudence, particularly concerning the adjustment of payments and the legal responsibilities of divorced parents towards their children. The court's decision to allow the adjustment of remittances underscores the judicial intent to prioritize the welfare of minors in maintenance disputes, making it an important reference for future cases involving similar circumstances. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED HAMID ALI SHAH, J
|
| Lawyers |
Tariq Masood,
Muhammad Iqbal,
Nemo,
Shamsher Ahmad Usmani
|
| Petitioners |
SAEED AHMED SHAKIR
|
| Respondents |
ADDITIONAL DISTRICT JUDGE and others
|
| Citations |
2007 SLD 747 = 2007 CLC 16
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Family Courts Act,
Constitution of Pakistan
|
| Sections |
5,
199
|