21/12/2022
والد پر بچوں کا نان ونفقہ مقرر کرنے کیلئے اصول۔۔
2021 MLD 337
Family Courts Act (###V of 1964)--- ----S. 17-A---Interim maintenance---Quantum---Family Court to adopt a pragmatic approach and fix interim maintenance---Principles enumerated.
Following are the principles for fixation of interim maintenance:
i. Financial status of father shall be kept in view, which should be based upon salary slips, bank statements, income tax record, and business income reflected on record or through any other documentary proof placed by either side in the Court.
ii. Interim maintenance should be fixed not on hard and fast principles, rather based upon a tentative view.
ili. Maintenance should not be fixed on a higher side, which may result into technical knockout of the father so that he could not able to pay the interim maintenance, therefore, his option should also be considered for payment of interim maintenance, which he agrees to pay before the Family Court.
iv. In cases, where father has not explained his monthly income or his financial status in the pleadings, rather concealed his income, the Family Court can rely upon the facts narrated in plaint or on the basis of attached -documents vis-a-vis the needs of minor and the verbal stance given by father without reference to his written statement will not be considered justified, hence the Family Court shall exercise discretion to fix the interim maintenance while applying the above principles.
v. In cases, where determination of adequacy or inadequacy of quantum of maintenance requires factual inquiry and evidence in trial, the maintenance should be fixed after consultation with the father and luoning in yiew the day-to-day requirements of minor.
vi. The needs of minor should be considered on the basis of social stratification of family in which minor has been brought up.
vii. The financial status of father could also be considered on the basis of facts narrated in pleadings of the parties, which includes the livin