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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---Power to enhance/decrease amount---Family Court, jurisdiction of---Scope---Purpose behind the powers under provisions of S.17a of the Family Courts act, 1964, to grant interim maintenance to the concerned parties was to ensure that during pendency of proceedings for grant of maintenance, affected minors were not faced with financial constraints---Family Court did not have un-fettered/un-bridled powers to fix interim maintenance at its discretion---Court may broadly look into the social status of the parties; earning of the defendant; his capacity to pay; requirements of the minor and on this touchstone fix interim maintenance---No right of appeal etc. had been provided against such a determination, because the order was tentative and interim in nature---Court had power to enhance or decrease the quantum of maintenance eventually after appraising/deciphering/examining the evidence produced during trial---Findings qua interim maintenance normally could not be interfered with, if the same were fixed upon the said parameters.

Other judgments reported in 2022 CLC

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