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Dr. MUHAMMAD JAWAD JAN ARIF vs Dr — 2022 CLC 89 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 89 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
Dr. MUHAMMAD JAWAD JAN ARIF vs Dr
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

Dr. MUHAMMAD JAWAD JAN ARIF VS Dr. AYESHA CHAUDHRY S.17a---Interim maintenance---autistic minor---Petitioner's 5½ years old daughter was suffering from the autism Spectrum Disorder---Interim maintenance allowance had been raised from Rs.20,000/- to Rs.50,000/- per month---Petitioner had served at eminent positions as neurosurgeon in Pakistan and abroad---Petitioner admitted that his wife's father was killed and that she had to provide for her mother as well---Held, that reason for excessive interim maintenance was manifestly reflected in the impugned order that the child whose maintenance was in issue was an autistic child whose needs/requirements were indeed over and above and in excess of what were generally associated with typical 5 years old children---In the present days of massive inflation, impugned order, especially in the case of an autistic child, could not be said to be unreasonable or even harsh---amount fixed had a rational nexus with the requirements/needs of a differently abled child and, therefore, was quite proportionate---Impugned order was passed in the presence of the petitioner, who was heard by Family Judge---autistic individuals had lifelong needs, more so at the tender age of 5---Facilities that would be luxury to typical kids were basically necessities for an autistic child, for example, swimming, skating, therapy etc. are basic skills to prevent drowning and develop coordination respectively---Specialist coaches were indeed expensive---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2022 CLC

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