..::What is Law of Maintenace in Pakistan

Entitlement of wife and daughter to maintenance—Respondent had neither paid maintenance to his wife after he had thrown her out of his house nor did he pay maintenance to his minor daughter—Respondent had entered into second marriage after he had turned out his first wife from his house—Wife (petitioner) in such circumstances was entitled to maintenance till such time as she was effectively divorced by respondent—Minor being daughter of respondent was also entitled to be maintained by him—Appellate Court‘s view that minor being not plaintiff in suit could not be awarded maintenance was erroneous—Court while granting maintenance to wife would take into account her needs vis-a-vis any minor child whom she might be supporting in same household—Order of maintenance by Trial Court in which needs of daughter of plaintiff had also been taken into consideration was unexceptionable.

Maintenance awarded to wife and minor child—Family Court as also Appellate Court had taken into consideration means of respondent while passing order of maintenance—Concurrent findings of Courts below indicated that respondent was running business of general merchant and was a well-to-do person—Amount of maintenance awarded by Courts below was, thus, not excessive even for that man who was running a modest business of general merchant and whose father was admittedly owner of substantial property—Order of Trial Court was restored while order of Appellate Court to the extent whereby it had not awarded maintenance of minor on the ground that she being not plaintiff in suit for maintenance, was not entitled to the same, was set aside—Order of Trial Court, however, was made subject to condition that wife would be entitled to her share of maintenance till the date her divorce became effective while minor would receive her share of maintenance till her entitlement under the law continued.

 

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