According to Section 368 of the
Muhammadan Law by D.F. Mulla maintenance
means and include food, clothing, lodging but the
Hon’ble Supreme Court of Pakistan in case reported
as Humayun Hassn ..Vs.. Arslan Humayun and
another (PLD 2013 Supreme Court 557) has
observed that said definition is neither conclusive
nor exhaustive and laid down as under:-
“
There can be no cavil with the proposition that the maintenance issue(s), in relation to Muslim relatives shall be governed and regulated by the principles/injunctions of Islam i.e. as per the personal law of the parties. In this context, according to section 368 of the Muhammadan Law by D.F. Mullah, maintenance means and include food, raiment and lodging. However, it may be observed that from the very language of above section, such definition is neither conclusive nor exhaustive, and in our view it undoubtedly has a wider connotation and should be given an extended meaning, for the purposes of meeting and catering for the present days social, physical, mental growth, upbringing and well being of the minor, keeping in mind the status of the family, the norms of the society and his educational requirement, which has now attained utmost importance; but obviously corresponding to and commensurating with the means and capacity of the father to pay.”
There can be no cavil with the proposition that the maintenance issue(s), in relation to Muslim relatives shall be governed and regulated by the principles/injunctions of Islam i.e. as per the personal law of the parties. In this context, according to section 368 of the Muhammadan Law by D.F. Mullah, maintenance means and include food, raiment and lodging. However, it may be observed that from the very language of above section, such definition is neither conclusive nor exhaustive, and in our view it undoubtedly has a wider connotation and should be given an extended meaning, for the purposes of meeting and catering for the present days social, physical, mental growth, upbringing and well being of the minor, keeping in mind the status of the family, the norms of the society and his educational requirement, which has now attained utmost importance; but obviously corresponding to and commensurating with the means and capacity of the father to pay.”
Lahore High Court
WP- Family Law
1447-10
2015 LHC 8916
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