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MUHAMMAD FAIZAN RAZA vs The JUDGE, FAMILY COURT S — 2022 MLD 634 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 MLD 634 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
MLD
Parties
MUHAMMAD FAIZAN RAZA vs The JUDGE, FAMILY COURT S
Subject matter
Family
Provisions referred to
S. 14; Family Courts Act

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

MUHAMMAD FAIZAN RAZA VS The JUDGE, FAMILY COURT S.14(2)---Maintenance of minors, enhancement of---Appeal/adequate alternate remedy, availability of---Constitutional petition---Maintainability---Contention that appeal was not available against maintenance allowance for minor---Held, that settled law was that non-provision of appeal under S. 14(2) of the Family Courts Act, 1964, was to protect under-privileged/generally oppressed section of society from prolonged/costly litigation---Minor, indeed fell within that category, hence denial of appeal under S. 14(2) of the Act, was for the protection of the minor and not vice versa---Any other interpretation of S.14(2) of the Family Courts Act, 1964, would defeat the very purpose/object of the said Act and would frustrate the beneficial nature of the said provision---Remedy of appeal/adequate alternate remedy was available to the petitioner/minor for the enhancement of maintenance allowance---Constitutional petition was dismissed.

Other judgments reported in 2022 MLD

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