PESHAWAR, Nov 20: The Peshawar High Court has admitted to full hearing a writ petition raising the question whether a person was bound to pay maintenance of his stepchildren.

A division bench comprising Justice Shahjehan Khan Yousafzai and Justice Qaim Jan Khan observed that the point raised by the petitioner needed consideration.

The bench directed that the case should be fixed in second week of December.

Filed by Arshad Khan, the writ petition challenges an order of the family court whereby he was ordered to pay maintenance of his three stepchildren.

Advocate Waseemuddin Khattak appeared for the petitioner and contended that the order of the family court was against the injunctions of Islam. He argued that the order was illegal as a person could only be held responsible for the maintenance of his children and not his stepchildren.

According to facts of the case the petitioner was not having any children from his first marriage. He contracted a second marriage with another woman who already had three children.

Later on, differences emerged between the petitioner and his second wife and they started living separately.

The wife filed a suit for maintenance of her children before the family court here. She requested the court to order the petitioner to pay Rs1200 per month as maintenance of the three children.

She claimed that the first wife of her husband had tried to abduct her children, but she failed in that attempt.

She added that at the time of her marriage the petitioner had agreed that he would provide for the maintenance of her children and that agreement was incorporated into the Nikahnama.

The court accepted her plea and ordered the petitioner to pay Rs2500 per month as maintenance.

Aggrieved with that order the petitioner filed the present writ petition. He observed that since his wife was living separately he was no longer responsible for the maintenance of her children.

Mr Khattak contended that when the lady had herself sought maintenance to the tune of Rs1200 per month it was unjust on the part of the family court to order provision of Rs2500.