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2011 SCMR 1296

NAVEED AMJAD vs ABDULLAH NAVEED and others

Citation2011 SCMR 1296
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 463-L to 465-L of 2011
Date2011-06-09
Judge(s)Khilji Arif Hussain, Mian Saqib Nisar, Muhammad Sair Ali
ResultOrder accordingly

ORDER

' The petitioner impugns the judgment dated 2-2-2011, passed by a learned Single Judge in Chambers of Lahore High Court, Lahore, whereby Constitutional Petitions (W.Ps. Nos.2203, 2206 and 2207 of 2011) filed by him were dismissed, and the judgment of the learned Additional District Judge, dated 25-11-2010, while fixing the maintenance allowance of the minors namely Abdullah Naveed and Nafay Naveed at the rate of Rs,10,000 and Rs,8,000 respectively, with 10% annual increase from the date of desertion of Abdullah i,e,, May, 2003 and from the date of birth of Nafay i,e,, 3-10-2003, was maintained.

2. The petitioner called in question the impugned judgment to the ' extent of allowing 10 % annual increase with retrospective effect. Notice was issued to the respondents. Mst. Saadia Anwar, mother of the minor-sons, and respondent No 3 in Civil Petition. No,465-L of 2011, has frankly conceded that she will have no objection, if the impugned judgment is modified only to the extent that the petitioner shall maintain the minors according to the judgment of the learned Additional District Judge, dated 25-11-2010, with an annual increase of 10% with effect from the date of judgment and decree passed by the learned Judge, Family Court, i,e, 10-5-201.0 instead of annual increase with effect from 2003, as mentioned in the preceding paragraph, to which the learned Advocate-on-Record, appearing for the petitioner, has no objection.

3. In view of the above statement, all the present petitions are converted into appeals and disposed of. The judgments passed by the learned Single Judge in Chambers of the High Court as well as the learned Additional District Judge are modified only to the extent that the petitioner Naveed Amjad, father of the minor-sons, will pay monthly maintenance allowance at the rate of Rs,10,000 and Rs,8,000 to respondent No,1 (Abdullah Naveed) and respondent No,2 (Nafay Naveed), respectively, with 10% annual enhancement from the date of the judgment and decree passed by the learned Judge, Family Court, i,e,, 10-5-2010.

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