| Case ID |
f9996bb6-479e-4f3f-957c-56b88579ce0e |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 867 of 2020 |
| Decision Date |
Nov 20, 2020 |
| Hearing Date |
Sep 28, 2020 |
| Decision |
The Islamabad High Court reviewed the case regarding the maintenance allowance for minors. The court found that the previous decisions regarding the maintenance amount were excessive and not adequately supported by evidence regarding the financial status of the petitioner. The court emphasized the need to determine the financial capability of the father before fixing maintenance. Consequently, the previous judgments were set aside, and the case was remanded for a fresh decision, requiring both parties to present evidence regarding their financial status and the actual needs of the minors. |
| Summary |
The case revolves around a writ petition concerning the maintenance allowance awarded to minors under the Family Courts Act, 1964. The petitioner challenged the previous court's decision, which awarded maintenance at a rate deemed excessive without proper consideration of the financial capabilities of the parties involved. Key points discussed included the need for a thorough examination of the father's income and the mother's financial contribution. The Islamabad High Court's ruling emphasized the importance of establishing a fair and just maintenance amount based on actual financial circumstances. This case highlights significant aspects of family law, particularly regarding the obligations of parents to provide for their children and the legal standards for determining maintenance. The court's decision to remand the case reflects a commitment to ensuring that future maintenance determinations adhere to legal principles and the financial realities of the parties. The ruling is significant for practitioners in family law, advocates, and those involved in similar cases, as it reinforces the necessity of evidence in maintenance disputes. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
FIAZ AHMAD ANJUM, JANDRAN, JUSTICE,
MUHAMMAD SHAKIR
|
| Lawyers |
Ch. Muhammad Javed Gujjar,
Malik Muhammad Haseeb
|
| Petitioners |
FIAZ AHMAD ANJUM
|
| Respondents |
5 OTHERS,
ADDITIONAL DISTRICT JUDGE, ISLAMABADWEST
|
| Citations |
2021 SLD 951,
2021 CLC 809
|
| Other Citations |
Muhammad Asim v. Mst.Samro Begum PLD 2018 SC 819,
Humayun Hassan v. Arslan Humayun and another PLD 2013 SC 557,
Khadija Bibi and another v. Abdul Rahim and another 2012 SCMR 671,
Nazia Bibi and others v. Additional District Judge Ferozewala and others PLD 2018 Lah. 916,
Khalid Mahmood v. Naseem Akhtar 2019 MLD 820,
2004 MD 1325,
2009 CLC 1819
|
| Laws Involved |
Family Courts Act, 1964
|
| Sections |
5,
17-A
|