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2016 C.L.R-1679

Sumaira Asghar and another vs Waseem Nawaz and 2 others

Citation2016 C.L.R-1679
CourtLahore High Court
Case No.Writ Petition No, 2457 of 2012
Date2012-05-28
Judge(s)Malik Shahzad Ahmad Khan
ResultCase remanded

' MALIK SHAHZAD AHMAD KHAN, J. -- This writ petition has been filed against the consolidated judgment and decree dated 13.4.2011, passed by learned Judge Family Court, Lahore, as well as, against the judgment and decree dated 22.10.2011 passed by learned Additional Sessions Judge, Lahore.

2. It is contended by the learned counsel for the petitioners that the learned Appellate Court has not recorded any reasoning for maintaining the findings of the learned Judge Family Court, Lahore on the issue of maintenance allowance, therefore, the impugned judgment and decree of the learned Appellate Court is not sustainable in the eyes of law; that the judgments and decrees of the learned Courts below on the issue of gold ornaments are result of misreading and non-reading of evidence; that the quantum of maintenance allowance as fixed by the learned Courts below is insufficient, keeping in view the present state of inflation and price hike, therefore, the same may kindly be enhanced.

3. On the other hand, this petition has been opposed by the learned counsel for respondent No, 1 on the grounds that the judgments of the Courts below are well-reasoned and as the learned counsel for the petitioners is unable to point out any illegality or material irregularity in the impugned judgments and decrees, therefore, this writ petition may be dismissed.

4. Arguments heard. Record perused,

5. Without commenting upon the merits and demerits of the case, it is evident from the perusal of record that the learned Appellate Court has not given any independent reason for maintaining the findings of the learned Judge Family Court, Lahore on the issue of maintenance allowance and for refusal of prayer of the petitioner regarding the enhancement of the maintenance allowance, therefore, the impugned judgment and decree dated 22.10.2011 passed by the learned Additional Sessions Judge, Lahore, is, hereby, set aside. The case is remanded back to the learned Appellate Court, Lahore, for decision of the appeal afresh on merits, without being influenced by any observation made ir, its impugned judgment and after providing an opportunity of hearing to both the parties. The learned Appellate Court will record the reasons in its judgment in support of the findings arrived at by it. Office is directed to immediately transmit a copy of this judgment to the learned Additional District Judge, Lahore. There is no order as to costs.

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