HINA vs ADIL SHAHZAD Ss — 2026 CLC 59 ISLAMABAD

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HINA VS ADIL SHAHZAD Ss.5, Sched. & 17-a(2)(a)---Suit for recovery of maintenance allowance by wife and minor children---Minor needing special care---Obligation of father to maintain minor children---Quantum of maintenance, determination of---Father contracting second marriage---Effect---Financial capacity of father, consideration of---Power of family court to fix an amount of maintenance higher than the amount prayed for in the plaint---Scope---Facts in brevity were that the petitioner/wife contracted marriage with respondent/husband and from the wedlock a son was born---During her pregnancy, the respondent/husband expelled the petitioner/wife from his house and failed to provide any financial support during pregnancy or after childbirth---The petitioner filed suit for recovery of past and future maintenance for herself and the minor child, along with dowry articles and dower amount---The family court decreed partial maintenance i.e. Rs. 20,000 per month for the petitioner till the iddat period and Rs.25,000 per month for the minor till an interim order, followed by Rs. 30,000 per month with annual increment, while dismissing her claim for dowry and delivery expenses---The appellate court later reduced the maintenance by Rs.10,000/-, leading the petitioner/wife to file the present writ petition---Held: When the quantum of maintenance was examined in the context of double-digit inflation, the rising cost of living, and the specialized requirements of an autistic child, it became manifest that the sum of Rs.10,000/- reduced by the appellate court did not align with either the welfare of the minor or the established principles of law---Moreover, plea of father of having contracted second marriage and having more dependents to maintain was misconceived---Obligations arising from subsequent marriage could not operate to the detriment of children from an earlier marriage particularly where the child needed special care---Father could not absolve himself from his primary and continuous duty of maintaining such a child merely on the plea that he had additional dependents---amount determined by the appellate court was inadequate to meet even the most basic needs of a child, much less a special child requiring continuous medical and therapeutic attention---as and when the final order was passed the amount fixed by the family court could be modified and revisited in that the quantum of maintenance could be increased or decreased after appraising, evaluating and examining the evidence produced during the trial---Thus, the mere fact that the interim maintenance was initially fixed at Rs.7000/- could not have constrained the Trial Court from enhancing the quantum of final maintenance to Rs.30,000/- due to peculiar needs of the minor who was a special child---appellate court was directed to make a fresh determination of maintenance keeping in view the updated medical, special, educational and other living expenses of the minor---However, the assessment was to be made whilst considering the father's actual income and financial capacity which required determination through cogent evidence---Impugned order was set aside to the extent of the quantum of maintenance fixed for the minor---Constitutional petition was partially allowed, in circumstances.

HINA vs ADIL SHAHZAD Ss — 2026 CLC 59 ISLAMABAD

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