MUHAMMAD IMRAN vs JUDGE FAMILY COURT S — 2023 YLR 2007 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2007 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD IMRAN vs JUDGE FAMILY COURT S
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

MUHAMMAD IMRAN VS JUDGE FAMILY COURT S. 17-a---Suit for maintenance---Summoning documentary evidence---Scope---amendment in S. 17-a of the Family Courts act, 1964, through Punjab Family Courts (amendment) act, 2015, was brought about to arrest the near unbridled discretion vesting in a Judge Family Court in the matter of fixation of quantum of maintenance---Such safety valve i.e., S. 17-a(4) was specifically added for the purpose of ensuring that there is no arbitrary or to use legalese, whimsical or subjective exercise of discretion---To structure such discretion by means of provision of statute-based facilitation, a Judge Family Court was extended the space and potential of trying to gauge by means of various indicators (pay, salary, possessions, ownerships, estate, tax statement, etc), i.e., all relevant considerations, the amount of maintenance to be imposed upon a defendant.

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