MARRIAM BIBI vs AZHAR IQBAL Ss — 2022 PLD 840 LAHORE-HIGH-COURT-LAHORE

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MARRIAM BIBI VS AZHAR IQBAL Ss. 5 & 17-a(1)(4)---Maintenance, fixation of---Preconditions---Question was with regard to fixation of maintenance allowance for minor child by Family Court and maintained by Lower appellate Court---Validity---Family Court to keep in consideration following aspects and legal requisites before passing interim and final maintenance allowance under S.17-a(1)(4) of Family Courts act, 1964: viz: (i) basis of averments in plaint; (ii) other supporting documents on record; (iii) summoning all relevant documentary evidence; (iv) determining the estate; and (v) determining resources of the defendant---Judicial resources needed to be promptly and consistently available to litigants for core functions of fact finding, particularly when law itself was available for rescue---In all cases where occupation, job or source of income of the person was definite and identified and of such a nature remuneration, income or earnings wherefrom could be traced in a documented form then by all extent and measures, it was duty of Family Court to ascertain 'estate' and 'resources' of defendant---In all such cases where the same stood undetermined or pleadings were evasive or just formal without substantive or believable proof in such regard and by way of summoning relevant documentary evidence instead to settling with sole reliance upon pleadings / averments of parties without due application of mind and exercise of its powers specifically conferred by way of legislation---Such course was neither unusual nor was it whimsical for Family Courts to delve into relevant documentary evidence dealing with financial status of defendant to determine maintenance---High Court set aside judgments and decrees of both the Courts below to the extent of maintenance allowance of minor only and case was remanded to Family Court to decide afresh---Constitutional petition was allowed, in circumstances. Head Notes

MARRIAM BIBI vs AZHAR IQBAL Ss — 2022 PLD 840 LAHORE-HIGH-COURT-LAHORE

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