Family Courts Act, 1964 (XXXV of 1964)–
—-Ss. 7 & 17(a)(4)–Constitution of Pakistan, 1973, Art. 199–Suit for recovery of maintenance allowance and suit for recovery of dower–Suit for maintenance was partially decreed and suit for recovery of dower was dismissed–Petitioner was jobless–Contribution for payment of school fees of minors–Working lady–Financial capability–Question of–Whether course adopted by Family Judge and affirmed by appellate Court qua fixation of maintenance, to be paid by petitioner/father in accordance with evidence on record besides law on subject–Witness admitted that during cohabitation, petitioner had been contributing to some extent in terms of maintenance out of his income; that she is serving in BPS-11 with monthly salary of Rs. 27,000/-; that she is also doing private job and earning Rs. 30,000/- per month; that she has no knowledge as to whether petitioner is currently jobless; that at time of Nikah her Rukhsti had not taken place and that petitioner had been contributing for payment of school fees of minors during Abadi–Respondent No. 3 in her statement has not given details or even remote hint whereby financial status of petitioner could be ascertained while on other hand a suggestion was also put to her that petitioner is jobless–In such an eventuality, when legitimate source of income of petitioner is shrouded in mystery and it is established that Respondent No. 3, is a working lady, had been contributing towards maintenance parallel to petitioner, awarded maintenance appears to be excessive and in contravention of financial capability of petitioner particularly, when there is nothing on record regarding his financial capability–Amount so fixed thus warrants modification–It was incumbent upon Courts to determine income of father for which recourse in terms of sub-section 4 of Section 17 (A) of West Pakistan Family Courts Act, 1964 can be adopted which is meant to facilitate Court to determine financial position of father–Petition was allowed.
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