PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Syed AHMAD SHER vs ADDITIONAL DISTRICT JUDGE Relief — 2022 PLD 715 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PLD 715 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PLD
Parties
Syed AHMAD SHER vs ADDITIONAL DISTRICT JUDGE Relief
Subject matter
Civil
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

Syed AHMAD SHER VS ADDITIONAL DISTRICT JUDGE Relief---Effective date---Generally speaking, in civil litigation, the entitlement to any relief covers the period commencing accrual of the cause of action---Such entitlement may, however, be controlled, curtailed or restricted by an appropriate legislature by express words or necessary implications---Additionally, in cases where claimants succeed in establishing a cause of action but without proof of the exact date of accrual thereof, relief is usually granted from the date of institution of the suit---If a cause of action is recurring or continuous one, the relief is granted for the future period covering entitlement of the claimant. S. 17a(1)---Decree for maintenance of minor---Whether such decree would take effect from date of institution of suit or from date of decree---Held, that there is nothing in the language of S. 17a(1) of the Family Courts act, 1964 that suggests expressly or by necessary implication that after striking off defence of a defendant the decree passed by the Family Court for the recovery of maintenance allowance shall be restricted or limited to the period commencing the date of decree and not before that---In the absence of any such restriction or limitation in S. 17a(1) of the act, a claimant/wife is entitled to the maintenance when the husband/defendant fails to maintain his wife or minor child even for the period prior to the date of institution of the suit. S. 17a(1)---Suit for maintenance---Interim monthly maintenance---Striking off defence of defendant---Interpretation and connotation of the word 'shall' used in S. 17a(1) of the Family Courts act, 1964 stated.

Other judgments reported in 2022 PLD

Back to the case-law library · Search Pakistani case law in Urdu or English