| Case ID |
2c44317b-901c-45cb-97c5-05af2a10b26e |
| Body |
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| Case Number |
Writ Petition No. 12248 of 2021 |
| Decision Date |
Aug 11, 2021 |
| Hearing Date |
Aug 11, 2021 |
| Decision |
The court dismissed the constitutional petition regarding the interim maintenance allowance for the petitioner's autistic daughter, which was raised from Rs. 20,000 to Rs. 50,000. The decision highlighted the special needs of the child and the financial capacity of the petitioner, a neurosurgeon. The ruling emphasized that the Family Court had the jurisdiction to assess and fix interim maintenance while considering the financial status of the parties involved. The judgment also pointed out the lifelong needs of autistic individuals, affirming the importance of adequate support for children with such disabilities, especially in the face of rising costs and inflation. The court ruled that the amount fixed was reasonable and proportionate to the needs of the differently-abled child, dismissing the petitioner's challenge to the Family Court's decision. |
| Summary |
In a significant ruling, the Lahore High Court dealt with a case concerning interim maintenance for a minor with Autism Spectrum Disorder. The petitioner, a neurosurgeon, contested the Family Court's order raising the maintenance from Rs. 20,000 to Rs. 50,000. The court emphasized the unique and heightened needs of autistic children, which require financial resources beyond what is typical for children of the same age. The judgment underscored the importance of ensuring that minors do not face financial hardships during legal proceedings related to maintenance claims. The ruling reaffirmed the role of Family Courts in determining reasonable maintenance amounts based on the parents' financial capacities and the specific needs of the child. The decision is crucial for families dealing with autism, highlighting the ongoing financial implications and the need for adequate care and support. This case sets a precedent in family law, particularly in addressing the needs of children with disabilities, ensuring their welfare is prioritized in legal matters. Keywords such as 'autism maintenance law', 'Family Courts Act', and 'interim maintenance for children' are essential for understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SHAN GUL, JUSTICE,
DR. MUHAMMAD JAWAD JAN ARIF
|
| Lawyers |
Not available
|
| Petitioners |
Mian Hafeez ur Rehman
|
| Respondents |
2 OTHERS,
DR. AYESHA CHAUDHRY
|
| Citations |
2022 SLD 285 = 2022 CLC 89
|
| Other Citations |
Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary SGAD, Karachi and others 1996 SCMR 1165,
Mumtaz Hussain alias Bhutta v. Chief Administrator of Auqaf, Punjab, Lahore and another 1976 SCMR 450,
President, All Pakistan Women Association, Peshawar Cantt. v. Muhammad Akbar Awan and others 2020 SCMR 260
|
| Laws Involved |
Family Courts Act, 1964
|
| Sections |
17A
|