Introduction
An Application for Withdrawal of Maintenance Amount is filed before the competent Family Court by a wife or guardian who has already been granted maintenance and seeks permission to withdraw the deposited maintenance amount lying with the court. This application is typically moved after the respondent has deposited the maintenance pursuant to a court order, and the applicant is legally entitled to receive it for her sustenance or that of the minor.
Legal Provision
Such an application is generally filed under:
- Section 17-A of the Family Courts Act, 1964, read with
- Order XXI of the Code of Civil Procedure, 1908 (where applicable),
along with the inherent powers of the Family Court to ensure enforcement and disbursement of maintenance already awarded.
Order XXI Rule 1 CPC
Order XXI Rule 1 deals with the modes of paying money under a decree, including payment by depositing the decretal amount in court. Once money is deposited under this rule, the decree-holder is entitled to receive (withdraw) the same, subject to court permission and verification.
In maintenance matters, courts generally rely on:
- Order XXI Rule 1 CPC (deposit and payment of money), read with
- Section 17-A of the Family Courts Act, 1964, and
- inherent powers of the Family Court.
There is no separate rule in Order XXI specifically titled “withdrawal of amount”; rather, Rule 1 is the correct and most commonly cited provision because withdrawal flows directly from lawful deposit under this rule.
(Exact provision may vary depending on court practice and nature of order.)
Application For Withdrawal Of Maintenance Amount Format
IN THE COURT OF _________, FAMILY JUDGE, AT KARACHI DISTRICT ________
Family Suit No. ____ of ______
ABC ———————————————– Plaintiff
V E R S U S
XYZ ———————————————– Defendent
Application For Withdrawal Of Maintenance Amount
It is most respectfully prayed on behalf of the Plaintiff or Defendant above named that this Honorable Court may kindly be pleased to pass an order for the Withdrawal of the Maintenance Amount by the above-named Plaintiff or Defendant in the instant suit.
It is therefore respectfully prayed that this Honourable Court may graciously be pleased to allow the applicant to withdraw the maintenance amount of Rs.__________ deposited in the above-titled case, in the interest of justice, equity, and fair play.
Prayed Accordingly
KARACHI
DATED: ______________
ADVOCATE FOR THE PLAINTIFF OR DEFENDANT
Disclaimer
The format and information provided above are for educational and reference purposes only. They are intended to offer general guidance on legal drafting and procedure and should not be treated as legal advice. Each case depends on its own specific facts, applicable law, and court practice; therefore, users are advised to modify the format according to their particular circumstances and seek professional legal advice as necessary.