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Civil Petition No.518 of 1984,decied on 30th April 1985
(On appeal from the judgment dated 21-03-1984of the Lahore High Court, Lahore in writ petition No.1919 of 1982).
‑‑‑Art. 185(3)‑‑West Pakistan Family Courts Act (XXXV of 1964), S.5‑ Maintenance‑‑Decree‑‑Leave to appeal granted to consider questions whether decree could be operative only from date of institution of suit and not from date when wife started to live separately from husband and whether maintenance allowance fixed by trial Court was inclusive of pocket allowance.
Sh. Masud Akhtar, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 30th April, 1985.
‑‑Submits firstly that the decree could be operative only from 30‑4‑1976, namely, the date of the institution of the suit and not from 22‑4‑1974 when the wife started to live separately from her husband; and secondly, that in any case' the maintenance allowance fixed by the trial Court was Rs.100 (inclusive of Rs.50 per month as pocket allowance) and not Rs.150 as erroneously assumed by the High Court.
These questions require further consideration. Leave to appeal is, accordingly, granted.
Security in the sum of Rs.1,000.
The appeal to be made ready on the present record with liberty to the parties to filed additional documents, if any and put up for hearing in the month of November,1985.
The interim stay order dated 5‑3‑1985 is modified to the extent that the petitioner shall pay the maintenance allowance at the rate of Rs.100 from 30‑4‑1976 and this amount will be deposited with the Assistant Registrar of this Court within two months who will deposit the same in a special account and the amount will be payable to the respondent' as soon as she applies to this Court for its payment. In case the petitioner fails to deposit the amount, as directed, the appeal shall be liable to dismissal for non‑prosecution.
M . Y . H Petition allowed.
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