| Case ID |
262913a9-433f-488a-a066-0ca55d6a168e |
| Body |
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| Case Number |
Writ Petition No. 32224 of 2015 |
| Decision Date |
Jan 10, 2022 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition against the judgments and decrees of the Family Court and Additional District Judge, which had partially decreed the petitioners' suit for recovery of maintenance and delivery charges. The court held that the maintenance allowance of Rs.7000/- per month for the wife and minor was justified based on the financial status of the respondent. The court confirmed that the Family Court has exclusive jurisdiction over maintenance issues and that the petitioners could apply for re-fixation of maintenance if necessary. The decision emphasized the need for the courts to consider the financial obligations of the respondent while determining maintenance amounts. |
| Summary |
In the case of Samia Anwar and Another vs. Nasir Hussain and Others, the Lahore High Court dealt with a family law dispute concerning maintenance and dowry articles under the Family Courts Act, 1964. The petitioners claimed that the respondent had behaved cruelly, leading to their separation and had refused to provide maintenance for their minor child. The Family Court had awarded Rs.7000/- per month for both the wife and child, which was upheld by the High Court. This case highlights the exclusive jurisdiction of Family Courts in maintenance matters and the importance of considering the financial status of the parties involved. It also emphasizes the rights of women and children in family law disputes, ensuring that they receive fair maintenance despite the challenges posed by the circumstances of separation. The court's decision reinforces the legal framework that supports the welfare of families and the need for equitable solutions in family disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAFDAR SALEEM SHAHID, JUSTICE
|
| Lawyers |
S.M. Zeeshan Mirza,
Rana Muhammad Majid,
Zaheer Abbas,
Tahir Mahmood Mughal,
Naveed Khalid Rana
|
| Petitioners |
ANOTHER,
SAMIA ANWAR
|
| Respondents |
2 OTHERS,
NASIR HUSSAIN
|
| Citations |
2022 SLD 873 = 2022 MLD 731
|
| Other Citations |
Syed Hussain Naqvi and others v. Mst. Begum Zakara Chatha through L.Rs. and others 2015 SCMR 1081,
Muhammad Shafi and others v. Sultan (2007 SCMR 1602)
|
| Laws Involved |
Family Courts Act, 1964
|
| Sections |
5
|