Breast feeding maintenance allowance is recognized jurisprudentially. Such allowance is recognized as being in line with the welfare of the child and it has been held that if a mother is not awarded such an allowance the sustenance of the child may suffer.

The learned Judge Family Court after employing the

the provisions of Section 17-A(4) of the Family Courts Act, 1964 and after determining the financial status of the petitioner, should decide the question and quantum of breast feeding maintenance allowance.

What is evident from a perusal of Section 17-A(4) Family Courts Act, 1964 relatively recently added provision of law is clearly discernible from a perusal of sub-section (4) of this Section and which clearly allows the trial court the facility of summoning relevant documentary evidence to determine the estate and resources of a husband who is to be saddled with the responsibility of providing maintenance allowance.

This amendment was brought about to arrest the near unbridled discretion obtaining with a Judge Family Court in the matter of fixation of quantum of maintenance. This safety valve i.e. Section 17-A(4) was specifically added for the purpose of ensuring that there is no arbitrary, whimsical or to use legalese, subjective exercise of discretion ----- what with the Qanun-e-Shahadat Order, 1984 and the Code of Civil Procedure, being explicitly inapplicable to proceedings before a Judge Family Court. To structure such discretion by means of provision of statute based facilitation, a Judge Family Court was extended the space and potential of trying to gauge by means of various indicators (pay, salary, possessions, ownership, estate, tax statement, etc.) nee all relevant considerations (Aka Lord Greene in the case of Wednesbury Corporation) the amount of maintenance to be imposed upon a defendant.

W.P. No. 278 of 2022
Muhammad Petitioner Imran by: Versus Judge Family Court, etc