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maintenance of minor 2016 MLD 742 Karachi High Court

Maintenance of Minor 2016 MLD 742 Karachi High Court

Maintenance of Minor 2016 MLD 742 Karachi High Court, S. 17-A—-Constitution of Pakistan, Art. 199—Constitutional petition—Maintainability—maintenance of minor—Non-compliance of interim order of maintenance —Power of Family Court to decree suit—Averments of plaint not denied in written statement—Presumption—Conduct of father as to payment of maintenance —Relevance—Plaintiff/wife after dissolution of marriage, along with minor son, filed suit for recovery of maintenance , recovery of dower amount and dowry articles—Family Court passing order under S. 17-A of Family Courts Act, 1964 fixed interim maintenance of minor—Defendant filed application and later Constitutional petition for modification of said interim order, which were dismissed—Family Court decreed the suit for non-compliance of said interim order of maintenance —Defendant took plea that trial court had not considered his financial position while fixing maintenance —Validity—Family Court under S. 17-A of Family Courts Act, 1964 was empowered to grant interim maintenance and in case of non-compliance of interim order, court might struck off defence of defendant and also pass final decree—Under S. 17-A of Family Courts Act, 1964, right of defendant as to further adjudication of question of maintenance was contingent right subject to fulfilment of contingency of S. 17-A—If defendant desired to contest suit, he was required to comply with interim order passed by Family Court under S.17-A of Family Courts Act, 1964—Plaintiff had specifically stated in plaint all expenses being incurred by her family on minor and quantum of income being earned by defendant—Claim or allegation of fact in plaint, if not denied specifically or by necessary implications in written statement, would be taken to have been admitted by defendant—As averments made in plaint as to income of defendant had not been denied by him either specifically or by necessary implication, the same were, deemed to have been admitted—Conduct of defendant (husband) regarding non-payment of interim maintenance was also relevant which showed that he had come to court with unclean hands, as he had not complied with interim order of maintenance —-Constitutional jurisdiction of discretionary character could not be invoked as a matter of routine or be used as alternate of appeal or revision— Constitutional petition was dismissed in circumstances.

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