12. Similar view was taken by this Court in “Muhammad Islam Vs. Mst. Rashidah Sultana and 4 others” (2013 CLC 698) and in “Muhammad Iqbal Vs. Mst. Nasreen Akhtar” (2012 CLC 1407). This court in “Mian Muhammad Sabir Vs. Mst. Uzma Parveen and 2 others” (PLD 2012 Lahore 154) held that father is even liable to maintain a divorced daughter. It was held in the case as under:-
“The rationale for providing maintenance to a Muslim female until her marriage is understandable as in most cases she could need the financial support of her father for having no means of her own. The responsibility of the father continues till his daughter’s marriage when it is passed on to her husband, who is under a legal obligation to maintain his wife. However, the obligation of the husband to maintain his wife lasts as long as the marriage is intact with the consequence that upon the dissolution of the marriage, the husband is no longer liable and has no obligation to maintain his erstwhile spouse. Upon losing her marital status, a female reverts to her status of a single lady who needs financial support in the same manner as she needed it before she was married. Her right to receive maintenance should not be defeated by her marriage no longer in existence. The rationale for providing maintenance to an unmarried lady is equally applicable to a divorced lady as in either case the single lady has no independent source of income. As such, there is no reason to treat a divorced lady differently and deny her the maintenance she is in need of it.”
Part of Judgment :
2406-10
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