NOOR UL SAHAR vs TAHIR NAQASH KHAN KHATTAK Ss — 2021 CLC 374 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 374 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: NOOR UL SAHAR vs TAHIR NAQASH KHAN KHATTAK Ss
Subject matter: Family
Provisions referred to: S. 17-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NOOR UL SAHAR VS TAHIR NAQASH KHAN KHATTAK Ss.5, Sched. & 17-a---Suit for recovery of maintenance allowance---Interim maintenance, fixation of---Interim maintenance for minor was fixed whereas maintenance for wife was refused---Validity---Marriage between the spouses did subsist and husband due to family constraints was unable to take his wife and minor to his home---Wife and minor were entitled for interim maintenance under the law till the disposal of main suit---Scope and theme of S.17-a of Family Courts act, 1964, was to safeguard the welfare of wife and bound down the husband to perform his marital as well as parental obligations---If husband failed to pay interim maintenance then his defence should be struck off---Interim maintenance determined by the Family Court for the minor was insufficient---Wife was still in the wedlock of husband who was bound to maintain her---Husband had not provided any maintenance for his wife and minor---Interim maintenance of minor was enhanced whereas interim maintenance for wife was determined accordingly---Husband was directed to pay interim maintenance till the disposal of main suit---Constitutional petition was allowed, in circumstances.

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