| Case ID |
1fe59a33-b05d-4021-ad68-70d580e917aa |
| Body |
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| Case Number |
Civil Petition No.1676-L of 2003 |
| Decision Date |
Aug 04, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the Lahore High Court's judgment regarding the maintenance of children. The court found that the petitioner failed to appear before the Arbitration Council on multiple occasions, which ultimately led to the upheld decision of the lower authorities. The amount of maintenance set by the Arbitration Council, which was Rs. 1,000 per month for past maintenance and Rs. 1,500 per month for future maintenance, was deemed reasonable under the circumstances. The petitioner was obligated to provide maintenance under Islamic Law and could not demonstrate any legal infirmity in the Arbitration Council's proceedings. The court clarified that it does not typically interfere with the competent forum's decisions unless exceptional circumstances are shown, which were not present in this case. As a result, the petition was dismissed without leave to appeal. |
| Summary |
This case revolves around the issue of child maintenance under the Muslim Family Laws Ordinance, where the Supreme Court of Pakistan upheld the findings of the Lahore High Court and the Arbitration Council. The petitioner, Mazhar Iqbal, contested the maintenance amount set by the Arbitration Council, claiming it was excessive and that the Council was improperly constituted. However, the Supreme Court affirmed that the petitioner had knowledge of the proceedings and failed to appear on multiple occasions. The court emphasized the obligation of maintenance under Islamic law and dismissed the petition, reiterating the importance of adhering to established legal processes in family law disputes. This case highlights the legal frameworks surrounding child maintenance, the role of arbitration councils, and the judiciary's approach to cases of family law. Keywords include: child maintenance, Islamic law, family law, Arbitration Council, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
FAQIR MUHAMMAD KHOKHAR,
TASSADUQ HUSSAIN JILLANI
|
| Lawyers |
|
| Petitioners |
MAZHAR IQBAL
|
| Respondents |
D.C.O. TOBA TEK SINGH
|
| Citations |
2008 SLD 2125,
2008 SCMR 863
|
| Other Citations |
Not available
|
| Laws Involved |
Muslim Family Laws Ordinance (VIII of 1961),
Constitution of Pakistan (1973)
|
| Sections |
9,
185(3)
|