' SH. HAKIM ALI, J.---Mst. Razia Bibi, respondent No,2 had filed a suit for maintenance along with Ali Hassan, minor son, against Altaf Shah, the present writ petitioner before the learned Judge Family Court, Hasilpur. In the aforesaid suit, Mst. Razia Bibi had prayed for grant of maintenance allowance at the rate of Rs,2,500 per month. The suit was contested and afterward learned Judge Family Court passed the judgment and decree on 23-2-2006, by which claim of Mst. Razia Bibi was rejected and to the extent of Ali Hassan, minor son of the petitioner, Rs,1,000 per month from the date of institution of the suit till attaining of majority was allowed. This judgment and decree dated 23-2-2006 has been assailed in this writ petition.
2. Learned counsel submits that Rs,1,000 has wrongly been granted as maintenance to minor as against the resources of the petitioner. The petitioner was a mere helper in a bus and was not in a position to pay the amount of maintenance as awarded to minor son, namely Ali Hassan.
3. After considering the arguments and from the perusal of the record, I have noted that in the written statement not a single word with regard to the financial resources or position of petitioner was agitated in it. In other words, the petitioner had admitted his ability to pay Rs, 2,500 as claimed by both the plaintiffs. As petitioner had failed to raise the plea of his inability to pay the claimed maintenance allowance of plaintiffs in the written statement, therefore, this ground cannot be allowed to be agitated in this writ because it being a point of factual controversy.
' Accordingly, the writ petition is dismissed in limine.