When Wife Get Maintenance After Divorce:
Wife does not get maintenance after divorce but can claim maintenance of children in Pakistan. The wife, in the present case, was living at the house of the husband get maintenance after divorce and can claim maintenance of children in Pakistan. Such a version of the wife was supported by evidence of her brother.
Therefore, Family Court was fully competent to entertain the suit as the wife’s residence did not fall within its territorial jurisdiction. No appeal was entertained against the decree of dowry articles up to Rs. 1, 00,000/- Appeal having not been provided by the statute, a constitutional petition was also not competent. Section 14(2) (c) of the Family Courts Act, 1964 mentioned the maintenance allowance for a single person and not the accumulated one for all the children and Wife and get maintenance after divorce or can claim maintenance of children in Pakistan.
Amount of Maintenance:
The amount of maintenance allowance granted to each of the plaintiffs was less than Rs. 5,000/- therefore, the appeal was not maintainable. Minors were the defendant’s children (father), and it was his responsibility to maintain them—Amount of Rs. 4,500/- for each of the minors had been awarded, which was hardly sufficient to meet the requirements of minors. Concurrent findings of law and fact against the defendant were based upon a due appraisal of evidence.
Maintenance of Children:
Regarding the wife get maintenance after divorce or maintenance of children in Pakistan the scope of scrutiny by High Court is limited and only in circumstances where a petitioner succeeds in showing that some vital piece of evidence has been left out of consideration resulting in a wrong decision, or the order of Family Judge is patently volatile of law and judicial precedents. It can make errors and mistakes in assessment and scrutiny of evidence note of where impugned order on the face of it is perverse and are not sustainable in the eyes of the law, the same can be set aside, leaving.
The Family Court or Appellate Court has to satisfy themselves about the quantum to get maintenance after divorce but can claim maintenance of children in Pakistan. The decision should take reasonableness and the responsibilities of the husband to maintain his other wife and children. The actual scope of section 5 is that if there be any conflict between the provisions of the Family Courts Act, 1964 and theM1, the Ordinance shall prevail.
As far as possible, the provisions of two statutes must be harmonized if operating in the same field, and a conflict between the two cannot be readily presumed. Thus, a wife has the option to claiming maintenance either by approaching the Arbitration Council under section 9 of Muslim Family Laws Ordinance, 1961 or by filing a suit before the Family Court to get maintenance after divorce but can claim maintenance of children in Pakistan. Husband is under obligation to maintain his wife and father is obliged to provide maintenance to his son till he attains majority and to his daughter, till she gets married and maintenance includes food, shelter, clothing and all other things which are necessary for the life. Suit for recovery of maintenance allowance for Wife and children is accepted.
Family & Civil Case:
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Advocate in Lahore Pakistan , is a Pakistani law firm that works on the issues of divorce, maintenance and other family related problems. Our team of lawyers will help you to solve all your legal issues in a fast and efficient manner. Advocate in Lahore is a female lawyer who has the qualification of practicing law for women rights and maintenance of wife, divorce issues and many more .