Monday 14 May 2012

Supreme Court Upheld maintenance of children

  Citation Name  : 2011  SCMR  1296     SUPREME-COURT
  Side Appellant : NAVEED AMJAD
  Side Opponent : ABDULLAH NAVEED
       
        S. 5 & Sched.---Constitution of Pakistan, Arts. 185(3) & 199---Suit for recovery of maintenance of minor child ren---Granting of maintenance by Family Court vide judgment dated 10-5-2010---Appellate Court in appeal filed by father fixed maintenance at different rate with 10% annual increase therein from date of their desertion in year 2003 by their father---Dismissal of father's constitutional petition by High Court---Father's plea that High Court could not fix maintenance with retrospective effect---Validity---Mother of child ren did not object to modify impugned judgment to extent that father would pay maintenance at rate fixed in impugned judgment with 10% annual increase with effect from date of judgment of Family Court instead of with annual increase from year 2003---Supreme Court with consent of parties modified the impugned judgment.

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