“Although leave was not granted to examine this point we
permitted the learned counsel to advance the same so as to
clarify the legal position. No doubt grandparents, if
affluent, will be obliged to maintain grand children if they
are destitute. But the command would issue in this behalf
when there is no other nearer relation and/or more
responsible in this behalf. Accordingly, when a specific
proposition was put to the learned counsel in this behalf he
could not advance his argument any further. The question
posed was: whether, in presence of the father the
grandparents, whether on the paternal or on the maternal
side, will be more responsible for maintaining their
grandchildren as compared to the father's duty to maintain
his own children learned counsel without hesitation
admitted that the priority-wise it would be the duty of the
father.”
PLD 1991 Supreme Court 543
WP- Family Law
15699-14
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