Citation Name: 2023 CLC 1959 PESHAWAR-HIGH-COURTBookmark this Case FARMAN ULLAH vs Mst — 2023 CLC 1959 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 CLC 1959 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: CLC
Parties: Citation Name: 2023 CLC 1959 PESHAWAR-HIGH-COURTBookmark this Case FARMAN ULLAH vs Mst
Subject matter: Family
Provisions referred to: S. 9---F; S. 5---M; S. 9; Family Courts Act (XXXV of 1964); Muslim Family Laws Ordinance

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

Citation Name: 2023 CLC 1959 PESHAWAR-HIGH-COURTBookmark this Case FARMAN ULLAH VS Mst. SHAHEEN AKHTAR S.9---Family Courts Act (XXXV of 1964), S.5---Maintenance---Wife, entitlement of---Scope---Parties were husband and wife inter se who were living separately---Petitioner / husband was aggrieved of fixing of maintenance allowance for wife by two Courts below---Validity---It was incumbent upon petitioner / husband under S. 9 of Muslim Family Laws Ordinance, 1961, to provide maintenance to his wife during subsistence of marriage---It was undeniable right of a wife to be provided with maintenance, even if she was staying away from her husband due to just and valid reason---Suit filed by respondent / wife manifested that she did not come up with a prayer for dissolution of marriage which meant that she did not want to part ways with petitioner but intended to continue with the marriage but due to mistreatment and forcible ouster she had been living separately---Petitioner / husband was bound to provide maintenance to respondent / wife---High Court declined to interfere in concurrent findings of facts by both the Courts below who had properly evaluated the record and judgments rendered were based on correct appreciation of record/evidence---Constitutional petition was dismissed, in circumstances.

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