The purposive beneficial and rational interpretation of section 14(2) of the Family Court Act, 1964 (Act) is that for the enhancement of maintenance allowance by the minor, the right of appeal will be available to the minor.

2021 LHC 4880 

The purposive beneficial and rational interpretation of section 14(2) of the Family Court Act, 1964 (Act) is that for the enhancement of maintenance allowance by the minor, the right of appeal will be available to the minor. Any other interpretation of section 14(2) of the Act would not only defeat the very purpose and object of the Act but will also frustrate the beneficial nature of section 14(2) of the Act.

The right of appeal under Section 14(2) of the Act shall not be available to the judgment debtor (father/husband) but decree holder (minor or wife) can file appeal for enhancement of decretal amount. The purposive beneficial and rational interpretation of section 14(2) of the Act made by august Supreme Court in above judgments, is also squarely applicable to the matter for the enhancement of maintenance allowance by the minor. Any other interpretation of section 14(2) of the Act would not only defeat the very purpose and object of the Act but will also frustrate the beneficial nature of Section 14(2) of the Act.

Every principle of law laid down by the Hon’ble Supreme Court of Pakistan has force of binding precedent under the provisions of Article 189 of the Constitution of Islamic Republic of Pakistan, 1973 (Constitution). Both as a matter of its constitutional duty as well as the prudence and rationale of such precedents, it is incumbent that Courts enforce principle of law if clearly laid down by Hon’ble Supreme Court. However, the judgment cannot be construed as “law declared” under Article 189 of the Constitution if no “ratio decidendi” is discoverable from the judgment. The expression “ratio decidendi” is the ground or reason of decision and the point in a case which determines the judgment. It is the “ratio decidendi” which is applicable to subsequent cases presenting the same problem.

WP 46766/21
Muhammad Faizan Raza Vs Judge Family Court Lahore etc
Mr. Justice Abid Aziz Sheikh
23-09-2021
2021 LHC 4880