| Case ID |
67a86454-8442-4602-839c-646efe67ed9e |
| Body |
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| Case Number |
W. P. No. 310 of 2017 |
| Decision Date |
Feb 16, 2017 |
| Hearing Date |
Feb 16, 2017 |
| Decision |
The High Court set aside the order passed by the District Court which had accepted the appeal of the grandfather, who was requested to pay maintenance for his grandchildren. The court emphasized that if the father and mother are unable to provide for their children, the obligation falls on the grandfather, provided he is in a position to do so. The court found that the grandfather's claims of financial incapacity were not substantiated, and therefore, the minors could not be left without support. This decision reinforces the legal expectations on family members to provide maintenance and support under the Family Courts Act. |
| Summary |
This case addresses the obligations of a grandfather to maintain his grandchildren in the absence of their father. The High Court evaluated the responsibilities under the Family Courts Act, specifically sections 12 and 14(3), which outline maintenance responsibilities. The petitioners, MST. Haleema Bibi and others, challenged the decision of the District Court which had exempted the grandfather from paying maintenance. The High Court ruled that if both parents are unable to support their children, the grandfather must fulfill this duty if he has the means. This case underscores the importance of familial support in maintenance laws, particularly in family law contexts. The decision is significant for understanding the extent of financial obligations within family structures, particularly under Islamic law principles governing maintenance. Relevant case law cited includes Syed Saghir Ahmad Naqvi v. Province of Sindh and others, which supports the principle that grandfathers have a duty to support their grandchildren unless they can demonstrate financial incapacity. The ruling serves as a critical reference for future cases involving family maintenance obligations. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
MUDASSIR KHALID ABBASI
|
| Lawyers |
Tahir Mahmood for Petitioner,
Muhammad Tahir Ijaz Joiya for Respondent
|
| Petitioners |
4 OTHERS,
MST. HALEEMA BIBI
|
| Respondents |
2 OTHERS,
ADDITIONAL DISTRICT JUDGE, LAYYAH
|
| Citations |
2018 SLD 3150,
2018 CLC 12
|
| Other Citations |
Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary, S&GAD, Karachi and another 1996 SCMR 1165,
Abdullah v. Jwaria Aslam and 2 others 2004 YLR 616,
Muhammad Anwar Khan v. Sabia Khanam PLD 2010 Lah. 119,
Haji Nizam Khan v. Additional District Judge, Lyallpur and others PLD 1976 Lah. 930
|
| Laws Involved |
Family Courts Act, 1964
|
| Sections |
12,
14(3)
|