IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA
C. P No. S-122 of 2021
Ali Nawaz
vs.
Mst. Khursheed Khatoon
For the petitioner : Mr. Ali Nawaz
For the respondent : Mst. Khurshed Khatoon
Date of hearing : 13.01.2022
Date of announcement : 13.01.2022
ORDER
Agha Faisal, J. Briefly stated a suit for maintenance of minors was decreed, inter alia, awarding maintenance of Rs.2,500/- per minor per month. In appeal the earlier judgment was modified merely to the extent that future maintenance was enhanced from Rs.2,500/- to Rs.3,000/-. This petition has been filed challenging the enhancement of Rs. 500/- per minor.
2. The petitioner is present and has argued his brief in person. His sole objection is articulated to be the enhanced quantum of maintenance. The allegations contained in the memorandum of petition, albeit unwarranted and scandalous, have not been pressed by the petitioner.
3. Perusal of the impugned judgment, and earlier judgment, demonstrates that the respective courts have taken all factors into account while awarding the quantum of maintenance and no legal infirmity has been pointed out in respect of the relevant orders. There is no cavil to the award of maintenance and the quantification thereof appears to have been made after taking all pertinent factors into account, hence, no case has been made out to warrant any interference therewith.
4. Article 199 of the Constitution contemplates the discretionary[1] writ jurisdiction of this Court and the said discretion may be exercised in the absence of an adequate remedy. In the present matter admittedly there existed an adequate remedy, however, the same was duly availed / exhausted and no case has been set forth before us for invocation of the writ jurisdiction.
5. It is trite law[2] that where the fora of subordinate jurisdiction had exercised its discretion in one way and that discretion had been judicially exercised on sound principles the supervisory forum would not interfere with that discretion, unless same was contrary to law or usage having the force of law.
6. In view hereof, we are constrained to observe that no case has been set forth for the invocation of the discretionary writ jurisdiction of this Court, hence, this petition, along with pending application, is hereby dismissed.
JUDGE
[1] Per Ijaz Ul Ahsan J. in Syed Iqbal Hussain Shah Gillani vs. PBC & Others reported as 2021 SCMR 425; Muhammad Fiaz Khan vs. Ajmer Khan & Another reported as 2010 SCMR 105.
[2] Per Faqir Muhammad Khokhar J. in Naheed Nusrat Hashmi vs. Secretary Education (Elementary) Punjab reported as PLD 2006 Supreme Court 1124; Naseer Ahmed Siddiqui vs. Aftab Alam reported as PLD 2013 Supreme Court 323.