| Case ID |
1f5bbd5e-c8cf-4f64-95e4-ac51227496a6 |
| Body |
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| Case Number |
Writ Petition No.4028 of 2009 |
| Decision Date |
Mar 24, 2009 |
| Hearing Date |
Mar 24, 2009 |
| Decision |
The Lahore High Court set aside the judgments and decrees passed by the Family Court and the Additional District Judge, remanding the case for fresh consideration. The court emphasized that the Family Court must consider evidence before determining maintenance rates and should adhere to the guidelines set forth in the Family Courts Act, 1964. The petitioner is directed to comply with the interim maintenance orders and the case must be resolved expeditiously, ensuring both parties have the opportunity to present their evidence. |
| Summary |
In the case of Abbas Ahmad vs. Mst. Ayesha Aziz, the Lahore High Court addressed issues related to interim maintenance under the Family Courts Act, 1964. The court found that the Family Court had not adequately considered evidence regarding the petitioner's income and obligations when fixing the maintenance amount. The High Court reiterated the importance of adhering to legal standards in family law matters, particularly concerning the rights of minors and spouses during divorce proceedings. This case highlights the need for judicial diligence in family law cases to ensure fair outcomes based on evidence and legal principles. Additionally, it emphasizes the necessity of timely resolution of family disputes to protect the welfare of children involved. The decision reinforces the principle that maintenance orders should be based on comprehensive evaluations of the parties' financial capabilities and social standings, ensuring that justice is served without undue delay. The ruling serves as a precedent for future cases involving family law and maintenance issues, underscoring the importance of due process and the responsibility of courts to uphold the rights of all parties in family disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RAJA MUHAMMAD SHAFQAT KHAN ABBASI, J
|
| Lawyers |
Muhammad Sarwar Awan,
Muhammad Imran Sarwar Awan,
Sardar Mukhtar Ahmad
|
| Petitioners |
ABBAS AHMAD
|
| Respondents |
Mst. AYESHA AZIZ,
Muhammad Haseeb
|
| Citations |
2009 SLD 571 = 2009 CLC 980
|
| Other Citations |
Zafar Hussain v. Begum Farzana Nazli and others PLD 2004 Lah.349,
Muhammad Khalid Javeed v. Shahida Parveen and 4 others 2007 YLR 1366
|
| Laws Involved |
Family Courts Act, 1964
|
| Sections |
17A,
12A
|