ZAFAR HUSSAIN vs Begum FARZANA NAZLI and others

This be considered as admitted case.

2. The sole point urged by learned counsel for the petitioner is that he is only aggrieved by the period of interim maintenance order. Further argues that spirit of the amendment in section 17-A of the West Pakistan Family Courts Act, 1964 is that it is from the date of passing of order. The petitioner is bound to deposit the interim maintenance as directed by .The Court on 14th of next month and each commencing month. Further argued that amount of Rs,1,500 per head is exorbitant, if it is reduced to Rs,1,000 per head for respondents he is ready to pay the same.

3. Learned counsel for the respondents submits that order of the learned trial Court is well- reasoned and maintenance period be computed from the date of institution of suit.

4. I have heard the learned counsel for the parties and perused the record. Perusal of amendment in section 17-A of the West Pakistan Family Courts Act, 1964 is very clear that at any stage of the proceedings of suit for recovery of maintenance allowance the parties can make request to the Court for interim maintenance allowance, which will be considered by the learned Family Court and then the petitioner shall have a responsibility to deposit maintenance allowance from the date of passing of order.

5. The rate of maintenance and computation of period for grant of maintenance are entirely two vital questions, which depend on evidence of parties and after appraisal of evidence of the parties the Court has to determine the period for which the maintenance allowance be granted to the children and the Court has also to decide the rate of maintenance allowance as established by the evidence keeping in view the means of the petitioner. Therefore, arguments advanced by learned counsel for the petitioner are convincing that spirit of amendment made in section 17-A of the Family Courts Act, 1964 has no retrospective effect for computation of period from the date of institution of suit rather it will start from the date of passing of order.

6. The impugned order passed by the learned trial Court is hereby modified in the following way:-- "The rate of maintenance allowance of Rs,1,500 is reduced to Rs,1,000 per head, which shall be paid on 14th of each commencing month after passing of order dated 18-7-2003 till final determination of suit."

7. Since issues stand formulated this case can be concluded within three months of receipt of the judgment passed by this Court. The determination of interim maintenance allowance shall have no bearing on the final determination of maintenance allowance by the learned Judge Family Court after appraisal of entire evidence.

8. With these observations the instant writ petition stands decided.