Fixing interim maintenance: LHC asks family court to examine record carefully

LAHORE: The Lahore High Court (LHC) observed that the proper course for a family court is to hear the petitioners and examine the record before fixing the interim maintenance and directed the family court to decide the matter of the petitioner Safiya Ishaq afresh.

The court also directed the medical superintendent of Children’s Hospital to facilitate the petitioner in obtaining financial aid from Pakistan Baitul Maal for the treatment of growth hormone deficiency (GHD) of her child.

The doctor should also help the petitioner when the growth hormone injections would be available at the Children’s Hospital, the court added.

The court said in the instant case, the family court while passing the impugned order completely disregarded the guidelines of the apex court and provisions of the Family Courts Act.

The court observed that the medical record of the child was before the family court judge but he did not bother to look at it. Such a callous attitude cannot be approved, the court added.

According to the details the petitioner married with the respondent and out of the wedlock a son was born. The child Ibrahim is about three years old now and suffering from GHD.

The doctors told the couple that there was little chance of a normal baby of them owing to genetic reasons. The respondent resultantly turned the petitioners out of his house.

She filed a suit for recovery of maintenance allowance in the family court which was decided in her favour.

The respondent challenged the decision and claimed that he had not received any notice of that suit. The family court suspended the decree subject to the payment of rupees four thousand monthly as interim maintenance to the petitioner till the disposal of the case.

The petitioner, therefore, approached the court for enhancement of the interim maintenance.

The court observed, in the present case, neither the mother nor the grandfather of the child is in easy circumstances. Hence, father of the child has all the financially responsibilities of the child. However, the way he abandoned him from the matter must be condemned, the court added and advised him to enhance his financial resources.

Copyright Business Recorder, 2022