IN THE COURT O
F (NAME OF THE JUDGE) , JUDGE FAMILY COURT, (NAME
OF THE CITY).
PLAINTIFF (NAME OF THE PLAINTIFF)
VERSUS (NAME OF THE DEFENDANT)
SUIT FOR
RECOVERY OF MAINTENANCE ALLOWANCE
Family suit No.
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Date of
institution
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Date of decision
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J
U D G M E N T
Precisely stated the facts of the case are that
plaintiff son of defendant has filed the suit through his real paternal uncle namely (name of the
minor) for recovery of
maintenance allowance to the tune of Rs.28,000/- per month till the age of the
majority of minor (name of the minor) along with suit for
recovery of maintenance allowance claimed
operation fee, medicine expense, Anesthesia fee, monthly visit fee and
other expenses of the minor total expenses in the sum of Rs.50,000/- and school
admission fee to the tune of Rs.10,000/- contending that the mother of the plaintiff entered into marriage contract with the defendant according to the Muslim rites and out of this wedlock minor was born on 00.00.0000
in (NAME OF
THE HOSPITAL/CLINIC) It was
further maintained that minor is studying in the (NAME OF THE SCHOOL) and Rs.10,000/- has been deposited as
admission fee in the said school and Rs.27,800/- is being occurred for the
schooling of the minor. It was further averred by the plaintiff that her
mother was officer and she is entitled
to get admission of his son in the
departmental school and Rs.50,000/- would be consumed for that purpose. The plaintiff further maintained that the
defendant is man of means being a doctor
and is Medical Officer IN PUBLIC
DEPARTMENT and running a clinic too
and the defendant can easily pay Rs.28,000/- per month as maintenance
allowance to the plaintiff minor. So, plaintiff requested for decree of the
suit.
2. On the other hand, the defendant while
filing written statement controverted the allegation and raised certain
objection. It was alleged that plaintiff has filed the different suits for
recovery of dowry articles, maintenance allowance, dower amount, defamation,
criminal cases along with complaint and
revision petition before the Officer ( Revenue) and all the above said suits
were decided on
(DATED) where the mother of the minor received Rs.700,000/- in terms
of the maintenance allowance. It was
further averred in the written statement that the mother of the plaintiff has
received Rs.600,000/- lump sum and she is not entitled to re-open the case and
she has no locus standi to file the
suit as she has received
Rs.600,000/- from the defendant. Hence, the plaintiff has filed the suit on the basis of
false and frivolous fact, and requested for dismissal of the suit.
3. Pre-trial
reconciliation efforts ended in failure.
4. Out of the
divergent pleadings of the parties, the following issues were framed on (DATE OF FRAMING OF ISSUES) by my
learned predecessor:-
ISSUES
1.
Whether the plaintiff
is entitled to recover maintenance allowance from the defendant, if so, at what
rate and for what that period? OPP
2.
Relief.
Thereafter, the
plaintiff filed an application for fixation of the interim maintenance
allowance which was accepted vide order dated 00.00.0000 and fixed the interim
maintenance allowance in the sum of Rs.7000/-
per month and the defendant was directed to provide the maintenance
allowance of the plaintiff minor @ Rs.7000/-
per month before 15th of each calendar month from the filing of the
instant suit till the final decision of
the suit.
Perusal of the record further
shows that defendant was also directed vide order dated _________________ to
pay the interim maintenance allowance. The following payments were made by the
defendant as interim maintenance allowance.
Dated
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Amount
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Rs.30000/-
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Rs.5000/-
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Rs.5000/-
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Rs.5000/-
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Rs.5000/-
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Total
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Rs.50000/-
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It
is further evident from the record that
the defendant moved an application through Special Attorney for
recording of statement of the plaintiff without payment of interim maintenance
allowance and same was also dismissed
vide order dated _________________ and defendant was also directed to pay the
outstanding interim maintenance allowance
with last and final opportunity
failing which the provision of section 17-A of Family Court Act shall be
invoked.
The defendant moved an
application with the prayer that
Rs.7,000/- per month was fixed as interim maintenance allowance and
defendant has paid Rs.50000/- up till now and remaining maintenance allowance
is being paid as per court order and that defendant is not such incapacity to
pay remaining maintenance allowance as lump sum and now defendant has accumulated
Rs. 15000/- and he has entitled to pay above said amount in shape of
maintenance allowance and in execution proceedings, defendant has already paid Rs.60,000/- therefore, defendant requested that the defendant may
very kindly be allowed to pay Rs.7000/- and Rs.3000/- in addition to above said
amount Rs.7000/- per month. However, the said application was also dismissed on
________________. Therefore, the defendant was again directed to pay the
outstanding interim maintenance allowance with last and final opportunity,
otherwise, provision of section 17-A of Family Courts Act shall be invoked.
Arguments heard, record
perused.
Perusal of the record is showing
that the defendant have been provided so many opportunities but the defendant remained fail to make
payment as per court directions and only
paid Rs.50,000/- to the minor as interim maintenance allowance whereas,
remaining interim maintenance allowance is still outstanding as maintenance
allowance. However, the provision of section 17-A of Family Courts Act, 1964 is very much clear, same is as
under:-
17-A Interim order for
maintenance___ At any stage of the proceedings in a suit for maintenance, the
Family court may pass an interim order
for maintenance, whereunder the payment shall be made by the fourteen of each
month, failing which the court may strike off the defence of the defendant and
decree the suit.”
Therefore, in light of the section 17-A of Family Courts Act, the defence of the defendant is hereby struck
off and the suit of the plaintiff is hereby decreed to the effect that the defendant would be bound to pay
maintenance allowance to the minor_______________
in the sum of Rs.7,000/- per month from the institution of the suit till the
age of majority of the minor __________ and the payment received as interim
maintenance allowance shall be adjustable. Decree sheet be drawn accordingly.
File be consigned to the record room after its due completion.
Announced
00.00.00000
Judge
Family court,
Faisalabad.
It is certified that
this judgment consists of 5 pages, each page dictated, read over, corrected and signed by me.
00.00.0000
Judge
Family court,
Faisalabad.
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