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2010 C.L.R. 485

M. Anwar vs Mst. Kanwal Bibi

Citation2010 C.L.R. 485
CourtLahore High Court
Case No.Writ Petition No. 5003 of 2007
Date2009-07-09
Judge(s)Muhammad Khalid Alvi
ResultOrder accordingly

ORDER

MUHAMMAD KHALID ALVI, J. --- Brief facts of the case are that respondent No. 3 filed a suit claiming maintenance allowance for herself and her minor children and also delivery expenses of one of the child t the tune of Rs. 14,900/-. Suit was contested by the pettioner. After recording evidence of the parties, the learneD Trial Court vide judgment and decree dated 14.6.2006 de reed the suit for maintenance for respondent No. 3 to the tune of Rs. 800/- per month w.e.f. The date of filing of the uit while for the elder minor it was decreed to the tune of Rs. 500/- per month from the date of institution and for the other minor from The date of his birth at the same rate without even fixing any annual increase. This decree was assailed by the petitioner through an appeal, which stands dismissed vide judgment and decree dated 2.3.2007. Both these judgments and decrees are being assailed through the instant writ petition.

2. Firstly, it is to be observed that appeal filed by the petitioner before the learned lower Appellate Court was incompetent due to bar contained under Section 14 of the Family Courts Act, 1964. I have noted that the amount of maintenance to the tune of Rs.. 500/- per month and that too, without any annual increase, is ridiculous. With this amount, a child cannot survive. It is the duty of the father to maintain his minor children and maintenance shall be at least bare minimum for the maintenance of the child. In these circumstances, I modify order of the learned Trial Court with regard to the amount from Rs. 500/- per month to Rs. 1,000/-per month per child, with an annual increase of 10%. With this modification, this petition stands disposed of. Copy of this order shall be sent to the learned executing Court and to respondent No. 3. .

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