MUHAMMAD SHARIF vs JUDGE, FAMILY COURT, BAHAWALPUR and 3 others
This writ petition was filed by the petitioner challenging a judgment of the Family Court, Bahawalpur, which awarded maintenance to respondents Nos. 3 and 4 at the rate of Rs. 700 per month. The respondent raised a preliminary objection regarding the maintainability of the writ petition, arguing that the petitioner failed to exhaust the statutory remedy of appeal before the District Judge as required under Section 14 of the West Pakistan Family Courts Act, 1964. The petitioner contended that the writ petition was maintainable, relying on case law applicable to maintenance awards below Rs. 500. The Court held that since the maintenance awarded exceeded the threshold of Rs. 500, the statutory right of appeal under Section 14 of the West Pakistan Family Courts Act, 1964, was available to the petitioner. Consequently, the Court ruled that the writ petition was not maintainable because the petitioner failed to exhaust the alternative legal remedy of filing an appeal before the District Judge. The petition was dismissed on the ground of non-maintainability.
- Is a writ petition maintainable against a Family Court judgment awarding maintenance exceeding Rs. 500 per month?
- Does Section 14 of the West Pakistan Family Courts Act, 1964, require an aggrieved party to file an appeal before the District Judge before approaching the High Court?
- What is the threshold for maintenance awards under the West Pakistan Family Courts Act, 1964, that necessitates an appeal rather than a writ petition?
- Section 14, West Pakistan Family Courts Act, 1964
'Briefly stated the facts are that the plaintiff/respondent Mst. Zainab Bibi filed a suit for recovery of maintenance against the defendant/petitioner which was resisted by the defendant/petitioner.
However, as a result of judgment, dated 15-5-2000 the trial Court granted maintenance for respondents Nos.3 and 4 at the rate of Rs,700 per month. The defendant/petitioner has felt aggrieved of the said judgment and filed the instant writ petition.
' Arguments have been heard and record perused.
3. Learned counsel for the plaintiff/respondent has raised a preliminary objection regarding the maintainability of the instant writ petition on the score that the only recourse open to the defendant/petitioner was to file appeal before the District Judge in the first instance, as required by section 14 of West Pakistan Family Courts" Act, 1964, that as the said procedure has not been adopted so the instant writ petition is not maintainable.
4. Conversely the stand of the defendant/petitioner is that instant writ petition is maintainable and in support of his contention he has placed reliance upon Khawaja Muhammad v. District Judge, Mansehra etc. 2001 M LD 310.
5. Admittedly in the instant case the maintenance allowance of each child/respondents Nos. 3 and 4 has been fixed at the rate of Rs,700. Had the maintenance allowance been fixed up to Rs,500 the appeal could not be filed and the only remedy was to challenge said order by way of filing writ petition, as held in the authority referred to by the learned counsel for the defendant/petitioner.
However, in the instant case the maintenance allowance of each child/respondents Nos.3 and 4 has been fixed at the rate of Rs,700 per month. This being the factual position, the only recourse available to the defendant/petitioner was first to knock at the door of the learned District Judge, Bahawalpur and thereafter, he could approach this Court if he had felt aggrieved of the decision of the said Court. As the defendant/petitioner has not resorted to the legal recourse, so writ petition being not maintainable is dismissed.
Cited by 5 cases
- MUHAMMAD SOHAIL MAJEED vs Mst. BUSHRA REHMAN and another 2011 MLD 386
- MUHAMMAD ASGHAR vs UMAR ASGHAR (MINOR) and 3 others 2005 PLD Lahore 326
- MUHAMMAD LATIF KASHIF vs JUDGE FAMILY COURT_CIVIL JUDGE,1ST CLASS, BAWALPUR and 3 others 2005 PLD Lahore 296
- SAEEDA ALIA vs Syed GHULAM MURSALIN NAQVI and another 2004 PLJ Lahore 535
- SAEEDA ALIA Versus Syed GHULAM MURSALIN NAQVI 2004 MLD 306