MUHAMMAD AMEER BHA TTI, J.--- The petitioner has called-in-question the judgment dated .18.01.2016 passed by the learned Judge Family Court whereby respondents No.2 to 4 were declared entitled to get maintenance from the petitioner @ Rs.1000/- per month per child taking lenient view on account of permanent disability of the petitioner . This judgment was affirmed by the learned first Appellate Court while dismissing appeal of the present petitioner . Hence this constitution petition.
2. At the very outset, learned counsel for the petitioner contends that the petitione r is not in a position to maintain his minor children as he being disabled is not in a Position to work or earn his 'livelihood what to talk of maintenance of minors, however , he by placing reliance on a case reported as Abdul Majeed v. Additional District Judge, Faisalabad and 4 others (PLD 2012 Lahore 445) seeks indulgence of this Court for issuing direction to the Government organization viz Bait-ul-Maal for fixation of an amount to be paid by the said organization to the minors so as to reduce his miseries and of the minors as well Accordingly with the assistance of learned Law Officer, the representative of Bait-ul-Maal was summoned, who informed the Court that the Government has not made any legislation as advised by this Court in reported judgment, however , undertakes that if the Court will fix the honoraria to be paid to the minors, the department will obey the order and there is no prohibition in their Rules and Regulations to do so, but specific rule in this regard has not been framed.
3. It is noticed that the maintenance fixed by both the learned Courts below at the rate of Rs.1000/- per month per capita is so meagre and one cannot survi ve on such a nominal maintenance and this Court feels it very insuf ficient to meet with the basic necessities of the minors. Besides the petitioner is not found able to pay the maintenance of minors as fixed by the learned Courts below .
4. Keeping in view the attending circumstances of the case and the findings of both the learned Courts below , where they besides declaring the perman ent disability attached with the petitioner held that he will not be able to make any earning to meet with the nece ssities of the minors, I deem it appropri ate to direct the Director Social Welfare Bait-ul-Maal Punjab to pay Rs.50 00/- per month per minor regularly on or before 10th of every succeeding month till their eligibility , so that the basic necessities of the minors could be met with.
5. With the above direction, this petition stands disposed of and the judgments of both the learned Courts below are hereby set aside as minors have been compensated from the funds of the Government Organization of Bait-ul- Maal Punjab.