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Maintenance of Rs 5,000 a month or less cannot be appealed, or challenged by writ instead

Nazir Ahmad v. Judge Family Court, Khairpur Tamewali etc. Lahore High Court W.P. No. 1132 of 2026 2026 LHC 1560 Decided Justice Malik Waqar Haider Awan (Bahawalpur Bench)

Judgment at a glance

Legal issue
Can a grandfather ordered to pay Rs 3,500 a month for each of two grandchildren, while their father lives abroad and does not maintain them, challenge the decree through a constitutional petition?
Decision
No. The father had moved to Saudi Arabia and was not maintaining the children, and the grandfather's own evidence showed he was financially sound (he owns grain-grinding machines) and closely associated with his son; where the father absents himself, an ascendant with sufficient means cannot escape responsibility. Under section 14(2)(c), as amended in Punjab in 2015, no appeal lies from a decree for maintenance of Rs 5,000 a month or less, and a constitutional petition cannot be used to get round that bar or to prolong litigation over small amounts awarded to children. The petition was dismissed in limine.
Key principle
Where a father fails to maintain his children, a grandfather with sufficient means may be held liable; and decrees for maintenance within the section 14(2)(c) limit, which the legislature made non-appealable, should not be reopened through writ petitions.
Outcome
Dismissed
Relevant law
Family Courts Act 1964, s.14; Constitution of Pakistan 1973, Art. 199
Why it matters
  • Small maintenance decrees for children are, in practice, final at the Family Court.
  • Payers should defend the case fully at trial; there is no appeal for amounts within the limit.
  • A grandfather with means can be decreed liable where the father does not maintain.

Cite as: Nazir Ahmad v. Judge Family Court, Khairpur Tamewali etc., 2026 LHC 1560, Lahore High Court, W.P. No. 1132 of 2026, decided 3 March 2026

Case details

Case
Nazir Ahmad v. Judge Family Court, Khairpur Tamewali etc.
Bench
Justice Malik Waqar Haider Awan (Bahawalpur Bench)
Date of decision
Case number
W.P. No. 1132 of 2026
Citation
2026 LHC 1560
Outcome
Dismissed
Statutes considered
Family Courts Act 1964, s.14; Constitution of Pakistan 1973, Art. 199

Sources

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How this summary was made
Summary from the full judgment
Official text read on
Note on the text
The Family Court, Khairpur Tamewali decreed maintenance of Rs 3,500 a month for each minor from the date of suit on 30 June 2025, refused past maintenance, and dismissed the suit against the father. An earlier maintenance decree had been passed against the father, who had been imprisoned in earlier proceedings. The first sentence of para 7 says the award 'does not fall within the purview' of section 14(2)(c); the rest of the order treats it as within the non-appealable limit. Order dated 3 March 2026 (the signing date is left blank). Approved for reporting. Short summary checked against the order.
Cite this summary
PK-Legal & Associates, "Maintenance of Rs 5,000 a month or less cannot be appealed, or challenged by writ instead", summary of Nazir Ahmad v. Judge Family Court, Khairpur Tamewali etc., 2026 LHC 1560, Lahore High Court, W.P. No. 1132 of 2026, decided 3 March 2026, https://pklegal.org/judgments/lhc-2026-1560-small-decrees-not-appealable/ (reviewed 3 November 2026).