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NASIR SHARIF vs SABEELA IMTIAZ Ss — 2025 CLC 5 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 CLC 5 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
CLC
Parties
NASIR SHARIF vs SABEELA IMTIAZ Ss
Subject matter
Family
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

NASIR SHARIF VS SABEELA IMTIAZ Ss. 5, 7, 9 & 17a---Suit for restitution of conjugal rights---Maintenance allowance---Petitioner / husband was aggrieved of fixation of monthly maintenance allowance to respondent / wife during proceedings of suit for restitution of conjugal rights---Validity---Wife while resisting a suit for restitution of conjugal rights can raise any of the permissible claims covered under Family Courts act, 1964 but in such case Family Court would be obliged to provide opportunity to husband (plaintiff) to file a rejoinder in response thereto, which has to be treated as written statement on his behalf---Family Court allowed respondent / wife to raise her claim of maintenance while responding in suit for restitution of conjugal rights, filed by petitioner / husband but without affording the latter an opportunity to submit rejoinder and had proceeded to fix interim maintenance of respondent / wife which even otherwise, was negation of S. 17a of Family Courts act, 1964---High Court directed Family Court to permit petitioner / husband to file his rejoinder to claim of maintenance, raised by respondent / wife in her written statement and on receipt of the same, if so filed, proceed to fix interim maintenance---High Court set aside order passed Family Court fixing maintenance allowance---Constitutional petition was allowed accordingly.

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