2024 SCMR 1642
نان ونفقہ میں سالانہ اضافہ ابتدائی ڈگری(basic)کی رقم بجائے موجودہ(current) رقم پر ہوگا مثلا اگر فیملی کورٹ 5000 روپے ماہوار خرچہ ناں و نفقہ ڈگری کرتی ہے تو پہلے سال سالانہ اضافہ 5000 روپے کی رقم پر ہوگا اگلے سال سالانہ اضافہ 5500 روپے اور اگلے سال سالانہ اضافہ 6050 روپے کی رقم پر ہوگا
Section 17-A(3) of the Family Courts Act, 1964 interpreted to hold that it postulates compound calculation of annual 10% increase in the maintenance allowance.
7340/24
Saba Gull Shahd & 2 Others Vs Additional District Judge Faisalabad etc
Mr. Justice Abid Hussain Chattha
09-10-2024
2024 LHC 4177
فیملی مقدمات میں ضابطہ دیوانی اور قانون شہادت کا اطلاق نہ ہونے کے باوجود درخواست زیر دفعہ 12(2) ضابطہ دیوانی دائر کی جاسکتی ہے
1. An application under Section 12(2) of the Code of Civil Procedure (V of 1908) is maintainable before a Family Court established under the Family Courts, Act, 1964 despite of exclusion of provisions of the Code ibid in the light of Section 17 of the Act ibid.
Writ Petition-1234-23
MISBAH IFTIKHAR VS ALEESA ETC
Mr. Justice Mirza Viqas Rauf
26-09-2024
2024 LHC 4133
فیملی اجرا میں ضامن کی ذمہ داری۔
2024 CLC 1744
PLJ 2024 Lahore 683
فیملی مقدمات میں سالانہ اضافہ کب سے لاگو ھوگا
2022 MLD 1762
-Application for fixing interim maintenance allowance of minor under S.17-A of the Family Courts Act, 1964, dismissal of-
PLD 2019 LAHORE 226
Maintenance allowance of the minors---Financial status of the father--- Proof---Notwithstanding the fact that the respondent (plaintiff/mother) was unable to procure and bring on record salary slip of ...............
Maintenance allowance of the minors---Financial status of the father--- Proof---Notwithstanding the fact that the respondent (plaintiff/mother) was unable to procure and bring on record salary slip of the petitioner, he himself was obliged to bring on record reliable and trustworthy record/documents disclosing his monthly salary---Petitioner though had produced (got exhibited) in evidence his alleged salary slip, but said salary slip by no means qualified standards to attain trustworthy status for reliance on certain counts; one that it did not conform with minimum standards of wages, and second that it was a document handed out and produced by the petitioner himself, which from the face of it appeared to be a computer generated copy lacking any sort of verification on behalf of the petitioner's employer---To prove said document (salary slip), the petitioner could have easily adduced his bank statement of the salary account, transpiring exact deposits from his company on account of his salary; he could have also produced his employer or any other authorized official of the company in support of sanctity, truthfulness and genuine status of said document (salary slip)-Petitioner's employer or his authorized official, whilst appearing in witness box, could have brought on record bank and tax record to head of his salary---However, the petitioner did not do the same and only produced said two documents (salary slip and salary account opening form) for proving his salary, which attempt fells short on account of no evidentiary value attached to both said documents... Though the provisions of Qanun-e-Shahadat, 1984 are not stricto sensu applicable to family matters, but exhibited salary slip was bereft of any strength and evidentiary value---If salary slip had been an official/attested/verified document, then situation would have been different, but genuine origination and sanctity of exhibited salary slip was not of required standards for being relied upon---In the circumstances, the Courts below had no option but to believe the evidence produced by the respondent (plaintiff / mother) regarding immediate necessities of claimants of maintenance allowance and fixing up same keeping in light the petitioner's obligations as well---No ground whatsoever was available to substitute the concurrent findings of courts below.
Syed ZAIN MUNTAZAR MEHDI versus Mst. SARA NAQVI and othersWrit Petition No.370 of 2024
2024 CLC 1580
Maintenance allowance to wife and children, providing of---Obligation of husband/father---Scope---Husband is under legal, moral and religious obligation to ..............
Maintenance allowance of the minors, quantum of-Scope---Father is obligated to maintain his children and a reasonable standard must be assumed for determining quantum of their maintenance allowance- Court while considering the quantum of maintenance will take into consideration the fundamentals of the minors education, status, general expenses-Court must alto take into consideration reasonable probability of obtaining education and the ability to take care of the minors in a stable, safe and healthy environment---Without due consideration of all said factors, the Court cannot conclude positively the quantum of maintenance---There is no hard and fast formula for determining quantum of maintenance and the main consideration for the Court is the ability of the father to maintain the minors---Thus, merely stating that he is short of resources will not discharge him of his obligation-Basic objective for determining maintenance is to ensure that in all probability the minors are maintained by the father in a dignified manner with reasonable comfort and that the mother of the child is not left to bear the burden of taking care of the minors- Quantum of maintenance requires due consideration of all factors on the basis of which the court can determine the actual need of the minor-In said regard, it is important for the court to keep in consideration the expenses incurred or likely to be incurred on the minors-For the purpose of maintenance it is the obligation of the father to fulfill needs of his kids.