2011 YLR 1632 LAHORE-HIGH-COURT-LAHORE Side Appellant : RASHID AHMED Side Opponent : ADDITIONAL DISTRICT JUDGE, LAHORE S. 5 & Sched.---Constitution of Pakistan, Art. 199---Constitutional peti-tion---Suit for maintenance by daughters against father--- Plaintiffs/daughters alleged that their father/defendants intended to deprive them of their share in the property left by their late mother---Defendant contended that all the plaintiffs/daughters had attained majority, left the home and were living in Dastak, a charitable institution---Father contended that the daughters being disobedient and major female children were not entitled to maintenance---Trial Court decreed maintenance at Rs.2500 for each daughter---Fathers appeal was also dismissed---Validity---If the children had attained majority, the father stood absolved from his obligation to provide necessities of life to the major children---Where the daughter refused to take the assistance of her father in her personal matter like marriage, then the father could not be burdened with the liability to pay the expenses of the marriage of his rude and disobedient daughter---Maintenance allowance was payable to the child who was minor and was unable to earn his/her bread and butter and other expenses of life---Father would not be under any legal or moral obligation to maintain his child who left his house and opted to live away from him especially when the child was major---Major child could earn his/her livelihood himself/herself and such major child male or female would not fall in the definition of dependant---Where the father was alleged to be usurping share of children in property of their mother, no such dispute could become the cause to recover the maintenance from father---Children in case of such grievance, could knock the door of the court---Courts below had not considered the case properly---Constitutional petition was accepted.
Posted on: Sun, 02 Nov 2014 16:29:10 +0000
Trending Topics
Recently Viewed Topics
© 2015