The Lahore High Court (LHC) has upheld the family court’s decision regarding the monthly maintenance allowance for an autistic girl, dismissing petitions seeking both an increase and a decrease in the amount. The court ruled that the family court had properly evaluated all relevant factors before fixing the maintenance at Rs100,000.
Justice Abid Hussain Chattha issued a detailed verdict rejecting a petition filed by Ambreen Sardar, the former wife of Punjab Housing Secretary Noorul Amin Mengal. The petition challenged the family court’s order setting the monthly maintenance for their autistic daughter, Eiliya Noor, at Rs100,000.
The petitioner’s lawyer argued that children with autism incur significantly higher costs for education, medical treatment, and care compared to other children. They contended that the Rs100,000 amount was insufficient to meet these needs. The plea also highlighted that Noorul Amin Mengal’s children from his first marriage were enrolled in prestigious institutions such as Aitchison College, suggesting that his family enjoyed substantial financial resources, both visible and hidden.
It was further argued that the family court had undervalued the maintenance amount despite the father’s considerable income and assets, emphasizing that autistic children require a different maintenance standard than other children.
Meanwhile, Noorul Amin Mengal independently petitioned the high court to reduce the maintenance from Rs100,000 to Rs50,000, with his counsel describing the original amount as excessive. However, the high court dismissed his request as well.
In his ruling, Justice Chattha noted that both the family court and the appellate court had appropriately determined the maintenance after a comprehensive examination of all pertinent facts and circumstances. He emphasized that the Lahore High Court, exercising its constitutional jurisdiction, could not overturn the findings of the lower courts.
