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K.L.R. 2000 Civil Cases 437

AMANULLAH vs Mst. JATTI And Other

CitationK.L.R. 2000 Civil Cases 437
CourtLahore High Court
Case No.Writ Petition No. 13084 of 1998
Date1998-07-02
Judge(s)Raja Muhammad Khurshid
ResultN/A

ORDER RAJA MUHAMMAD KHURSHID, J. - In this writ petition judgment dated 25.4.1998 passed by the learned Judge Family Court Okara has been challenged, whereby, maintenance allowance of Rs.

500/- was allowed to each of the minor children till the children attained majority or their custody was transferred to the petitioner/defendant.

2. The finding of the learned Judge Family Court is assailed on the ground that two of the minors namely Irshad Hussain and Muhammad Asrar were majors and were earning livelihood at. Karachi and as such, were not entitled to the maintenance; secondly the past maintenance could not be allowed; thirdly the amount of monthly maintenance was excessive keeping in view the poor financial position of the petitioner/defendant; and lastly there being no adequate and efficacious remedy available,/the Constitutional jurisdiction of this Court was invoked.

3. I have considered the above submissions and have also gone through the material placed on record with the able assistance of learned counsel for the petitioner. In fact respondent No. 1 i.e. Mst.

Jatti, were of the petitioner, had instituted a suit for maintenance for herself and her minor children named therein as respondents Nos. 2 to 5. The learned trial Judge disallowed the maintenance allowance to the were on the ground that a suit for restitution of conjugal rights was decided in favour which does not call for interference.

4. The petition is accordingly dismissed in limine.

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