Maintenance allowance under section 9

 However, held that proceedings launched in term of section 9 of the Ordinance will not erode the suit subsequently instituted before the family court under the provisions of the Act. (iii) The plain reading of section 9(1) of the Ordinance shows that remedy of maintenance allowance under section 9 ibid is in addition to seeking any other legal remedy available. In view of legal position and case law discussed above, conclusion can be drawn that same matter cannot proceeding simultaneously under the Ordinance and the Act, however, subsequent proceedings under any of the above laws will not be a bar merely because earlier proceeding launched and concluded under the other law. (iv) The case of Muhammad Khalil-urRehman, relied upon by the learned counsel for the petitioner relates to maintenance allowance awarded by a Magistrate under section 488 Cr.P.C. and not under the Ordinance. In said case, the Hon’ble Supreme Court held that Act being special law, will prevail over general law of Cr.P.C. Therefore, Family Courts will have exclusive jurisdiction to try case of maintenance after promulgation of the Act. This judgment is not applicable to the facts and circumstances of present case where the maintenance allowance is fixed under the provision of the Ordinance and Rules, which have specifically been saved under section 21 of the Act. Therefore, it can safely be concluded that the impugned orders are not without jurisdiction


(2002 MLD 1716).
(2018 CLC 836),
W.P.No.238815 of 2018

Maintenance allowance

He further submits that even on merits, the maintenance allowance was fixed at Rs.20,000/- per month, without discussing and taking into consideration the financial capacity of the petitioner.

1999 MLD 1008
W.P.No.238815 of 2018

Recovery of decretal amount

“It is manifest from the perusal of above mentioned provisions of law that action for recovery of decretal amount can validly be taken against a surety of a defaulter. The petitioner stood as a surety. He was under no obligation to bind himself but he did bind himself to pay the decretal amount, therefore, no interference is required by this court in the impugned order passed by the learned Civil Judge/Judge Family Court, as well as, in order dated 11.10.,2011 passed by the learned Additional District Judge, Sheikhupura.”

2012 CLC 679

W.P. No. 9483 of 2017

Maintenance allowance should remain fixed throughout the growing period

On the issue whether a suit for enhancement of maintenance is maintainable under the Schedule, the answer is that the same is maintainable. The Schedule provides for the matter over which the family court should have jurisdiction. Maintenance is provided at serial No.3. As such there is no bar on filing a suit for enhancement of maintenance. There are bound to be changes in the circumstances and changes in the requirements of the children. Naturally, as the children will grow their needs will also grow. Reliance is placed on a case titled Arab Mir Muhammad Vs Mst. Iram Iltimas and 4 others (1999 CLC 1668). It is noted that this is an unrealistic approach that the maintenance allowance should remain fixed throughout the growing period of the minor or that the 5% increase should be considered sufficient. A father is legally bound to maintain the minor in terms of the requirement of the minor and the cost of living.

2012 CLC 1407

LAHORE HIGH COURT AT LAHORE WP No.154537 of 2018

Nor evidence lead

W.P. Muslim Personal Law (Shariat) Application Act, (V of 1962)
Section 3 & 5
-    Plaintiff /collaterals of the original male owner required to establish or record that land transfer to female in Pakistan was in lieu of land of held by female as a limited owner under custom in India. No such contention in plaint
-    Nor evidence lead- deceased female owner held to be full owner.

PLD 1995 SC 620

Question of paternity of an adopted child emphasized the need to deploy the DNA test methodology

By means of this judgment the Honorable Lahore High Court, while dealing with a question of paternity of an adopted child emphasized the need to deploy the DNA test methodology. The Court observed: “The medical science has developed a lot in the recent span of life while the Forensic Lab has attained the level of perfection and the skill of expert cannot be denied. A person can tell a lie, but the medical science and its findings based upon skilled tests through most modem devices definity will be an aiding factor for the Court to resolve the controversy. Matching of relationship of one person to the other person through DNA test with the aid of most modern devices, to my mind, is the safest way to depict the true picture of relationship. Throughout the world, these tests have attained a symbol of standard and correctness. It will be highly unsafe to suggest that in Europe and other modem countries, the report of such type of tests is fully followed, but in our society, due to lack of knowledge or unfairness, the result of such type of test is not being given preference. If such an approach is to be kept under consideration, then other test arising out of medical science would also become valueless. We have to trust upon our skill and we have to wait for the result of such a test which is yet to be gathered. Before the said report comes into existence, one cannot say that such report may be unsafe due to lack of skill or defective devices.” “A large number of like nature cases are pending before the Courts of law regarding the adopted child where the inheritance transactions of adoptive parents are under question which may take years to years for its final adjudication. The most modern scientific test (DNA) will definitely be helpful in such like cases too.”

PLJ 2014 Lah. 860

INHERITANCE

No concept of Rahdari existed either in Customs Act, 1969

No concept of Rahdari existed either in Customs Act, 1969, or in Provincial Motor Vehicles Ordinance, 1965, and without payment of customs duty and other applicable taxes and without possessing a valid registration number no vehicle could be driven as the same was in contravention of the laws.

2014 PTD 1847

CUSTOMS ACT

Minors was decreed at the rate

Through this constitution petition, the petitioner has assailed the legality and validity of order dated 29.09.2014 passed by the learned Judge Family Court whereby suit of the respondents/minors was decreed at the rate of Rs.3500/- per month per capita while exercising the power provided under Section 17-A of the West Pakistan Family Court Act, 1964 as the petitioner failed to comply with the order of the learned Judge Family Court with regard to deposit of interim maintenance and the order of learned Appellate Court dated 10.03.2015 upholding the order of the learned Jude Family Court.

No.11995/2015.

Important Cases Decided by the Supreme Court

Proceedings were initiated on an anonymous application seeking remedy for Lady Health Workers and lady Health Supervisors. Initially, a report was called from the Secretary, Ministry of Health, Islamabad. Being dissatisfied with the report, Secretary Health was, inter alia, asked to submit as to why minimum wages of Rs.7000.00 PM are not being paid to LHWs. The report submitted in response of the said order was found incomplete. In the meanwhile two more applications, on the same subject, were submitted by other staff members which were registered as Human Rights Cases and were ordered to be clubbed together. Notices were issued to Secretary Health, Government of Pakistan, for appearance before the Court.
The Court observed that the terms and conditions of service of LHWs/LHSs, prima facie, indicated that they were practically required to adhere to full time engagements to discharge their duties subject to certain other conditions including non-payment of TA/DA and availing maternity and non-maternity leave etc. Additionally, they had to establish Health Houses at their own residences, in respect of which the expenses of utility bills etc. were to be borne by them, for which no reimbursement was permissible.
It was further observed that in a welfare state like ours, it is duty of the government to ensure that discriminatory policies are not applied as far as its employees are concerned, on both those enjoying permanent status or working on contractual basis. The contract, though executed mutually, in pursuance whereof LHWs, LHSs, accountants and drivers have agreed to accept the lesser amount of wages as compared to the minimum one fixed under the provision of law. However, one of the contracting parties, i.e. the government, is not supposed to deprive them from their legitimate rights qua the nature of duties being performed by them. Any agreement, which is against the public policy is not enforcible.
The Court, as an interim measure, directed that employees should get minimum wages of Rs.7,000 per month which must be paid to them regularly according to the Rules and Regulations in the matter. Respondent- Government was directed to work out their actual salary to bring them at par with the employees of the Health Department according to the prevailing rates of scales and wages in the country. On the next date of hearing, the learned Attorney General appeared and stated that necessary steps had been taken to implement the order. He further explained that the wages/stipends of LHWs and LHSs, Accounts Supervisors and drivers, in view of the above decision by the Planning Commission, had been determined and an amount of one billion rupees had been released in that behalf.

H.R. CASES NOS. 16360 OF 2009, 1859-S & 14292-P OF 2010 (P L D 2011 Supreme Court 37)


Recovery of dowry

Where in a suit for recovery of dowry articles in shape of gold ornaments the wife had only prayed for recovery of 12 tolas gold ornaments and had not fixed any value, it was held that the husband had the option to either hand over 12 tolas of gold ornaments or to compensate the wife in terms of money equal to an amount that would enable her to purchase 12 tolas gold from open market.

2014 CLC 895
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