| Case ID |
16a47341-cf1b-4c2c-82ce-f9830b9a47f4 |
| Body |
View case body. Login to View |
| 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
|