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    1994 CLC 444 Minor Maint

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    نعیم الحسن اعوان
    The petitioner, Abdul Ghani, challenged maintenance awards granted by lower courts to his minor grandchildren, Muhammad Ashfaq and Mst. Rafaqat Bibi. The courts had ordered the petitioner to pay Rs. 500 per month in maintenance to the minors. The petitioner argued he should not be liable as an old man with only three acres of land. However, the court found the petitioner failed to point out any legal defects in the lower court orders. Being an old man with little land was not sufficient grounds to refuse maintenance, as the minors had a statutory right to maintenance from their grandfather after their father's death. The court upheld the lower courts' rulings, finding the maintenance amounts

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    1994 CLC 444 Minor Maint

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    نعیم الحسن اعوان
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    The petitioner, Abdul Ghani, challenged maintenance awards granted by lower courts to his minor grandchildren, Muhammad Ashfaq and Mst. Rafaqat Bibi. The courts had ordered the petitioner to pay Rs. 500 per month in maintenance to the minors. The petitioner argued he should not be liable as an old man with only three acres of land. However, the court found the petitioner failed to point out any legal defects in the lower court orders. Being an old man with little land was not sufficient grounds to refuse maintenance, as the minors had a statutory right to maintenance from their grandfather after their father's death. The court upheld the lower courts' rulings, finding the maintenance amounts

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    The petitioner, Abdul Ghani, challenged maintenance awards granted by lower courts to his minor grandchildren, Muhammad Ashfaq and Mst. Rafaqat Bibi. The courts had ordered the petitioner to pay Rs. 500 per month in maintenance to the minors. The petitioner argued he should not be liable as an old man with only three acres of land. However, the court found the petitioner failed to point out any legal defects in the lower court orders. Being an old man with little land was not sufficient grounds to refuse maintenance, as the minors had a statutory right to maintenance from their grandfather after their father's death. The court upheld the lower courts' rulings, finding the maintenance amounts

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    30 views2 pages

    1994 CLC 444 Minor Maint

    Uploaded by

    نعیم الحسن اعوان
    The petitioner, Abdul Ghani, challenged maintenance awards granted by lower courts to his minor grandchildren, Muhammad Ashfaq and Mst. Rafaqat Bibi. The courts had ordered the petitioner to pay Rs. 500 per month in maintenance to the minors. The petitioner argued he should not be liable as an old man with only three acres of land. However, the court found the petitioner failed to point out any legal defects in the lower court orders. Being an old man with little land was not sufficient grounds to refuse maintenance, as the minors had a statutory right to maintenance from their grandfather after their father's death. The court upheld the lower courts' rulings, finding the maintenance amounts

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    1994 CLC 444

    [Lahore]

    Before Ch. Mushtaq Ahmad Khan, J

    ABDUL GHANI---Petitioner

    versus

    MUHAMMAD ASHFAQ and others---Respondents

    Writ Petition No. 8578 of 1993, decided on23rd August,1993.

    West Pakistan Family Courts Act (XXXV of


    1964)---
    ----S. 5, Sched.---Maintenance to minors---Maintenance awarded by Courts below to minor son
    and daughter of predeceased son of petitioner had been challenged by petitioner (grandfather of
    minors) contending that he was not liable to pay maintenance to minors as he being an old man
    was living with his sons and owned only three acres of land---Petitioner had failed to point out
    any illegality or jurisdictional defect in orders passed by Courts below awarding maintenance to
    minors---Merely because petitioner (grandfather of minors) was an old man and owned small
    piece of land could not be a ground to refuse grant of maintenance to minor grandchildren who
    had a statutory right to get maintenance from their grandfather after death of their father.

    Mian Muhammad Hanif for Petitioner.

    ORDER
    Muhammad Ashfaq, a son and Mst. Rafaqat Bibi, a daughter of Muhammad Afzal, a
    pre-deceased son of Abdul Ghani petitioner, have been awarded maintenance at the rate of
    Rs.500 p.m. i.e. Rs.300 p.m. for the son and Rs.200 p.m. for the daughter for the past three years
    and also till the time they attain majority by the learned trial Court (Mr. Habib-ur-Rehman, Civil
    Judge 1st Class) vide order dated 1-4-1991. This order has been upheld in appeal filed by the
    petitioner which has been dismissed by respondent No.4. The petitioner who is a grandfather of
    the children has filed this Constitutional Petition to challenge the aforementioned judgment and
    decree.

    2. Mian Muhammad Hanif, Advocate, learned counsel for the petitioner has vehemently argued
    that the petitioner himself is an old man and is living with his sons, therefore, he is not liable to
    pay maintenance to the children. He has further argued that he owns only three acres of land,
    therefore, cannot pay maintenance to the minor children. I have asked the learned counsel for the
    petitioner to point out any illegality or jurisdictional defect in the orders passed by the two
    Courts below but the learned counsel has failed to point out any such defect. Merely because the
    petitioner is an old man and owns lesser land cannot be a ground to refuse the grant of
    maintenance to the minor grand children of the petitioner, who have a statutory right to get
    maintenance from their grandfather after the death of their father. The impugned order is quite
    fair and just. Keeping in view the present socio-economic circumstances prevailing in the
    country, it cannot be said that the amount of maintenance is even excessive. I see no ground to
    interfere in exercise of my discretionary jurisdiction. Consequently, this writ potition has no
    force, the same is dismissed in limine. .

    H.B.T./A-499/LPetition dismissed.

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