6. Learned counsel for the petitioners submits that both the courts below were wrong to dismiss the claim of maintenance allowance of petitioners as their mother was not competent to give up their maintenance allowance. Submits that on attaining the age of majority petitioners approached the court through suit which could not be dismissed on the ground that earlier suit was compromised by their mother when they were minors. Learned counsel further submits that maintenance is a recurring cause of action which will continue to accrue in favor of the petitioners till the marriage of petitioner No.1, for petitioner No.2 till the age of majority or himself becomes an earning hand. Submits that respondent No.1 is liable to pay the maintenance to the petitioners from date of compromise between the mother and respondent No.1 and in this regard referred to the judgment of the Hon’ble Supreme Court reported as “Abdul Ghafoor Vs. Mehmood Ahmad alias Asghar and others” (2003 SCMR 764). Learned counsel also relied upon “Muhammad Shafi Vs. Suraya Begum & 7 others” (2001 S.L.R 203) to state that under the law, father is bound to maintain the daughters till such time they are married. Learned counsel for the petitioners while relying upon the judgment “Mehmood Asif Butt Vs. District Judge, Gujranwala and 2 others” (PLJ 2003 Lahore 1704) states that second suit for recovery of maintenance is maintainable.
Part of Judgment :
2406-10
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