Legal Case Summary

Case Details
Case ID 16a47341-cf1b-4c2c-82ce-f9830b9a47f4
Body View case body.
Case Number Writ Petition No. 2020 of 1999
Decision Date May 07, 2008
Hearing Date May 07, 2008
Decision The Lahore High Court allowed the writ petition, declaring the order of the Chairman Khidmat Committee to be without lawful authority. The court emphasized that Khidmat Committees lacked the jurisdiction to interfere in matters already decided by Family Courts, which have exclusive jurisdiction over maintenance issues. The court prohibited enforcement of the Khidmat Committee's order, thus reaffirming the authority of the Family Court in maintenance cases. The decision underscored the importance of lawful authority in executive actions and the exclusive jurisdiction of Family Courts in matters concerning maintenance allowances.
Summary In the case of Writ Petition No. 2020 of 1999, the Lahore High Court addressed the jurisdictional conflict between Family Courts and Khidmat Committees regarding maintenance allowances. The court ruled that the Khidmat Committee's order to enhance maintenance payments was issued without lawful authority, as it was not backed by any existing law. The petitioner, Raja Muhammad, contested the order made by the Khidmat Committee, which had increased the maintenance for his ex-wife and children. The court's ruling reinforced the exclusive jurisdiction of Family Courts in such matters, ensuring adherence to legal standards and protecting the rights of the parties involved. This case highlights the significance of lawful authority in administrative actions and the necessity for established legal frameworks in family law disputes.
Court Lahore High Court
Entities Involved Not available
Judges MAULVI ANWARUL HAQ, J
Lawyers Raja Muhammad Faraz, Viqas Rauf, Federal Counsel
Petitioners RAJA MUHAMMAD
Respondents 2 others, Mst. SHAMIM AKHTAR
Citations 2008 SLD 522 = 2008 PLD 408
Other Citations M. D. Tahir, Advocate v. Federal Government through Secretary, Cabinet Division, Pakistan Secretariat, Islamabad and 2 others PLD 2000 Lah. 251, Ch. Muhammad Idrees, Advocate v. S.H.O., Police Station Pattoki, District Kasur and others 1999 CLC 570
Laws Involved West Pakistan Family Courts Act (XXXV of 1964), Constitution of Pakistan (1973)
Sections 5, 199