Citation Name: 2024 PLD 158 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MIHRAL vs Mst — 2024 PLD 158 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PLD 158 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PLD
Parties: Citation Name: 2024 PLD 158 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MIHRAL vs Mst
Subject matter: Civil
Provisions referred to: S. 5

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: 2024 PLD 158 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MIHRAL VS Mst. ZARGUL art. 120---Family Courts act (XXXV of 1964), S. 5, Sched.---Suit for recovery of maintenance allowance---Limitation---Scope---Past maintenance allowance, entitlement to---Scope---Trial Court decreed maintenance allowance to plaintiff (wife) for 17 years, which decree was maintained by the appellate Court---Question was whether the past maintenance allowance was decreed in accordance with law?---Held, that grant of past maintenance allowance, in the present case, was not in accordance with law as art. 120 of the Limitation act, 1908, was applicable to a suit for maintenance which stipulated 6 years---Trial Court could have decreed past maintenance for the period of six years but had wrongly awarded the maintenance beyond the period of 6 years which was not in accordance with law---High Court modified the impugned judgments and decrees to the extent of past maintenance holding that respondent (plaintiff/wife) was entitled for 6 years' past maintenance before filing of the suit---Constitu-tional petition, filed by defendant/husband, was partly allowed.

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