While dilating upon the afore-cited legal proposition it would be appropriate to take wisdom from a pronouncement made by the apex court in a judgment cited as “Humayun Hussain v. Salam Humayun” (PLD 2013 SC 557). In this case Hon’ble Supreme Court was confronted with a situation where an adult son claimed himself to be maintained by his father on the ground of disability. It was argued before the Hon’ble Supreme Court that father is bound to maintain his son till he attains the age of majority according to the definition of maintenance in Mohammadan Law. At this juncture, it was explicitly held by the apex court that from the very language of Para-369 of Mohammadan Law maintenance means and includes food, raiment and lodging. Such definition is neither conclusive nor exhaustive and undoubtedly has wider connotation which should be given an extended meaning.
Part in Judgment of
Lahore High Court
Writ Petition-Family-Maintenance
21917-15
2017 LHC 2220
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