Past Maintenance Allowance Case Laws 2015 YLR 170, S. 5, Sched.—Azad Jammu and Kashmir interim Constitution Act (VIII of 1974), S. 44(2)—Suit for recovery of maintenance allowance—Past Maintenance—Entitlement—No mis-reading or non-reading of evidence was pointed out with regard to fact of cruelty and ousting the wife from the house by the husband—Findings of Family Court and Shariat Court that wife had failed to prove that she was treated with cruelty and ousted from the house were based on evidence—Family Court was bound to award past maintenance to the minor when she was living with her mother since birth but no reason had been given for not awarding the same—Minor was entitled to maintenance allowance from the date of her birth—Husband was working abroad and he was maintaining his second wife who was a resourceful person—Court had power to grant maintenance keeping in view the financial position of father and his economic resources—maintenance allowance awarded to the minor was meagre keeping in view the rising cost of living and same was enhanced from Rs.2,000 per month to Rs. 4,000 per month as prayed for since from the date of birth of minor—Appeal was accepted partly to the extent of minor and was dismissed to the extent of wife.
Past Maintenance Allowance Case Laws 2015 YLR 170
