SIKANDER ALI KHAN PETITONER vs Mst. MUQARRAB JEHAN BEGUM AND Other
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, challenging the operational date of a maintenance decree and the quantum of the maintenance allowance fixed by the courts below. The core legal questions involve determining whether a maintenance decree should be operative from the date of the institution of the suit or from the date of separation, and whether the maintenance allowance was erroneously calculated by the High Court. The Supreme Court held that these questions require further consideration and accordingly granted leave to appeal. The Court laid down that substantial questions regarding the computation and operative date of maintenance allowances warrant a full hearing and modified the interim stay order pending the final adjudication of the appeal.
- From which date can a maintenance decree be made operative?
- Whether the maintenance allowance fixed by the trial court was correctly assumed by the High Court?
- Under what conditions may an interim stay order regarding maintenance payments be modified during a pending appeal?
ORDER
1. NASIM HASAN SHAH, J.--Submits firstly that the decree could be operative only from 30-4-1976, namely, the date of the institution of the suit and not from 22-4-1974 when the wife started to live separately from her husband; and secondly, that in any case' the maintenance allowance fixed by the trial Court was Rs.100 (inclusive of Rs.50 per month as pocket allowance) and not Rs.150 as erroneously assumed by the High Court.
2. These questions require further consideration. Leave to appeal is, accordingly, granted.
3. Security in the sum of Rs.1,000.
4. The appeal to be made ready on the present record with liberty to the parties to filed additional documents, if any and put up for hearing in the month of November,1985.
5. The interim stay order dated 5-3-1985 is modified to the extent that the petitioner shall pay the maintenance allowance at the rate of Rs.100 from 30-4-1976 and this amount will be deposited with the Assistant Registrar of this Court within to months who will deposit the same in a special account and the amount will be payable to the respondent' as soon as she applies to this Court for its payment. In case the petitioner fails to deposit the amount, as directed, the appeal shall be liable to dismissal for non-prosecution. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.