Judgment if Wives and Child Maintenance is not Paid:
If you need court judgment if maintenance of wives in Pakistan or child maintenance is not paid you may contact Jamila Law Associates. Following the principle enunciated by the Privy Council, the Supreme Court of Pakistan and other superior Courts in this sub-continent if maintenance of wives in Pakistan or child maintenance is not paid. It can safely hold that the civil proceedings pending between the parties before the Judge Family Court regarding maintenance have nothing to do with the civil proceedings will have no relevance before the criminal Court.
Guilt:
The guilt criminality of the accused is to be determined by the evidence produced by the parties before Court. The judgment by the Judge Family Court in the suit for maintaining her minor female child filed could not be a judgment in rem but judgment in personal. Judgment of Criminal Court can be relevant only for a criminal trial. It cannot be used by a Court of plenary jurisdiction/ civil Court, which ceased the suit for jactitation of marriage. Civil Court had to decide the question of the genuineness of nikahnama in the light of the evidence led before it and not based on the judgment delivered by the criminal Court.
Family Law:
The Muslim Family Laws Ordinance empowers the Arbitration Council to grant allowance for maintenance to the neglected wife after assessing husband’s financial position if maintenance of wives in Pakistan or child maintenance is not paid. The Arbitration Council is further competent to grant allowance even for the period before applying laid down strictly by law.
Maintenance of wives in Pakistan:
Regarding the maintenance of wives in Pakistan or child maintenance is not paid notices sent to the husband returned undelivered, meaning thereby that no service affected the respondent. Order of proceeding ex parte against the husband without proclamation in the press suffers from legal lacuna. Moreover, the Chairman, Arbitration Council cannot award maintenance for seven years or proceed to execute the order after the lapse of six and half years when it has become barred by time.
Arbitration Council:
Arbitration Council has no jurisdiction, power, or authority to grant maintenance for more than three years. Therefore, where the wife filed suit for maintenance for herself and minor children against husband prior in time before the Judge Family Court, a petition under S. 9(2), Muslim Family Laws Ordinance, 1961 before the Chairman of Arbitration Council is not competent for maintenance of wives in Pakistan or child maintenance is not paid. Chairman, Arbitration Council, is required to observe the procedure as Jurisdiction of High Court. Under Islamic, Law the father is obliged to maintain his son until he attained puberty.
Family Court:
Family Court vested with exclusive jurisdiction to decide such matters, granted Rs. 300/- maintenance to each child, which amounts reduced to Rs. 200/- by High Court. However, it can strike down an order passed by Family Court as without lawful authority for maintenance of wives in Pakistan or child maintenance is not paid. High Court directing the father to deposit a certain amount within ten days, father failing to do so held, father did not approach the High Court with clean hands, High Court declined to exercise discretion in his favor.
