'Briefly stated the facts are that the plaintiff/respondent Mst. Zainab Bibi filed a suit for recovery of maintenance against the defendant/petitioner which was resisted by the defendant/petitioner.
However, as a result of judgment, dated 15-5-2000 the trial Court granted maintenance for respondents Nos.3 and 4 at the rate of Rs,700 per month. The defendant/petitioner has felt aggrieved of the said judgment and filed the instant writ petition.
' Arguments have been heard and record perused.
3. Learned counsel for the plaintiff/respondent has raised a preliminary objection regarding the maintainability of the instant writ petition on the score that the only recourse open to the defendant/petitioner was to file appeal before the District Judge in the first instance, as required by section 14 of West Pakistan Family Courts" Act, 1964, that as the said procedure has not been adopted so the instant writ petition is not maintainable.
4. Conversely the stand of the defendant/petitioner is that instant writ petition is maintainable and in support of his contention he has placed reliance upon Khawaja Muhammad v. District Judge, Mansehra etc. 2001 M LD 310.
5. Admittedly in the instant case the maintenance allowance of each child/respondents Nos. 3 and 4 has been fixed at the rate of Rs,700. Had the maintenance allowance been fixed up to Rs,500 the appeal could not be filed and the only remedy was to challenge said order by way of filing writ petition, as held in the authority referred to by the learned counsel for the defendant/petitioner.
However, in the instant case the maintenance allowance of each child/respondents Nos.3 and 4 has been fixed at the rate of Rs,700 per month. This being the factual position, the only recourse available to the defendant/petitioner was first to knock at the door of the learned District Judge, Bahawalpur and thereafter, he could approach this Court if he had felt aggrieved of the decision of the said Court. As the defendant/petitioner has not resorted to the legal recourse, so writ petition being not maintainable is dismissed.