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1977 P Cr. L J 572

MUHAMMAD ISHAQ vs Mst. ZAINAB BIBI

Citation1977 P Cr. L J 572
CourtLahore High Court
Case No.Criminal Revision No, 593 of 1965
Date1977-02-23
Judge(s)Abdul Jabbar Khan
ResultOrder accordingly

' On an application filed by 41st. Zainab Bibi (daughter) and Mohammad Yasin (son), both minors, under section 488, Cr. P. C. Through their mother Mst. Hamidan, Khan Muhammad Zaman Khan, Magistrate First Class, Kasur, vide his judgment dated 1 11-5-1964, directed Muhammad Ishaq petitioner to pay Rs, 30 per month from date of application i,e, 22-11-1963, as maintenance to the minor children. It was further directed that the amount of maintenance will be increased to Rs, 60 per month after four years. Aggrieved against this order Muhammad Ishaq petitioner filed a revision petition before Captain Mohammad Daud Khan, Additional Sessions Judge, Lahore, who vide his judgment dated 3-8.1965, dismissed his revision petition and upheld the order of the trial Magistrate.

2. Hence, this revision petition, which was admitted by the order of this Court dated 7-2-1966, to consider as to whether it was proper that a person who owned 11 to 18 acres of land would be able to pay the maintenance at the enhanced rate after a period of four years. This case was taken up by me on 17-2-1977 when I found that both the learned counsel were absent and I called upon them to show cause why action should not be taken against them in accordance with law for their failure to appear in this Court while their names were listed in the cause list of that day. Both the learned counsel are present and have submitted that it was due to inadvertent mistake of their clerks that the fixation of this case in the cause list was not brought to their notice, therefore, they could not appear otherwise they would have attended the Court. I accept the explanation submitted by both the counsel and discharge them of the notice so issued against them.

3. 1 have heard both the learned counsel in respect of the point on which this case was admitted and both have stated in unison that the minor children have now grown out of the age of minority and thus this point has remained on the record as a point of academic interest. The revision petition is therefore not pressed by the learned counsel for the petitioner and the same is accordingly disposed of.

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