Increment of Minor Maintenance

Maintenance allowance for minor – admission of father ( Govt. employee) to be drawing monthly salary as Rs, 9,944/= with periodic increase therein – maintenance awarded to minor by family court @ Rs. 3000/= per month with annual increase therein @ 10% upheld by appellant court – father pleas was that no provision existed in west Pakistan Family Courts Act 1964 for granting maintenance with annual increase therein—validity – Father in evidence had admitted increase in his pay on periodic basis as well as 50% increment in his earlier basic pay and medical allowance – courts below on basis of evidence available on record regarding periodic increase in monthly salary /income of father and also considering growing needs of minor along with rampant inflation in currency had rightly awarded 10% annual increase in maintenance of minor – High Court dismissed constitutional petition in circumstance.

2013 CLC 897

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Lower Appellate Court handed over the minor

section 25 of Guardian and Ward Act 1890

Minor, Wefare of – Minor daughter was living iwth her mother and Guardian Court declined to interfere in the custody but lower Appellate Court handed over the minor to her father – Validity – Love and affection of a mother could not be compared with – welfare of minor was to be given paramount consideration for disposal os such like questions i.e. custody of mionr and for that purpose any other consideration, even personal law of the parties was was sometimes preferred to be ignored – whenever any such circumstances existed or controveries were brought before the court, Judge performed his jurisdiction like parents- Tearing apart the minor from lap of her mother, who at such stage, for the sake and better ment of mior, even was taking risk of her matrimonial life with her second husband, would affect mental, psychological and physical uplift of the mior – High court in exercise of constitutional jurisdiction, set aside the judgment and decree passed by  Appellant court and restored that the Guardian Court – Petition was allowed

2013 CLC Lahore 235

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