Friday, 11 March 2022

Maintenance for Divorced mother of minor

 Family Court Act-1964

2019 CLC 511 Lahore

Ss. 5 & 17-A --- Interim maintenance, grant of--Minor suckling baby--Razyat and Hazanat--Scope--Petitioner was ex husband of respondent and was aggrieved of order passed by family court to provide interim maintenance allowance to respondent for their minor suckling baby after divorce -- Validity -- Concept of Razayat and Hazanat were well established and every child had following rights over its parents, (a) right of razayat or being suckled; (b) right of fosterage and and being brought up; and (c)  right of being trained and educated-- High Court declined to interfere in  constitutional jurisdiction as family court had rightly included interim maintenance for divorced mother of minor as order passed by family court was only tentative in nature and amount of maintenance would finally be decided after recording of amount of maintenance would finally be decided after recording of evidence-- Constitutional petition was dismissed in circumstance.

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