Divorced Daughter / Disobeint Daughter
Citation Name : 2013 PLD 464 LAHORE-HIGH-COURT-LAHORE
Side Appellant : GAKHAR HUSSAIN
Side Opponent : Mst. SURAYYA BEGUM
S. 5, Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Suit for maintenance of daughter including educational expenses---Claim of past maintenance ---maintenance ---Definition---Suit was decreed and father (petitioner) was ordered to pay past maintenance including for education of daughter ---Contention of the father (petitioner) was inter alia, that his daughter was disobedient and was therefore, not entitled to recover maintenance and that maintenance did not include education expenses---Validity---Father was bound to maintain his daughter until she was married, and the father was not bound to maintain a child which was capable of being maintained out of his or her own property---Definition of "maintenance " was to be liberally interpreted which included the process of maintenance or being maintained and provisions of means to support life---Father was bound to maintain a daughter and she was entitled to receive maintenance regardless of her age till such time she was married---Even on attaining the age of majority, the father was responsible for daughter 's maintenance ---Father in the present case had been providing maintenance to his other children from his other wives and as such he treated his daughter with discrimination---Contention that the daughter was disobedient had no force, since, firstly, the father was unable to show his love or affection for his daughter , therefore he could not expect her to return, secondly no instance was mentioned showing disobedience, and thirdly, under Islamic law, there was no institution of abandonment ("aaq") for a disgruntled son/daughter depriving him/her from inheritance and therefore a daughter could not be deprived of her right to be maintained by her father during his life time---No interference was called for in the impugned orders---Constitutional petition was dismissed, in circumstances
Contra
1994 C L C 1216
Disobedient children not entitled
Citation Name : 2012 PLD 154 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Mian MUHAMMAD SABIR
Side Opponent : Mst. UZMA PARVEEN
S. 5 & Sched.---Suit for maintenance by divorced daughter against her father---Maintainability---Liability of father to maintain his daughter till her marriage.
Even second suit is maintainable
Citation Name : 2012 PLD 154 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Mian MUHAMMAD SABIR
Side Opponent : Mst. UZMA PARVEEN
S. 5, Sched. & S.17---Civil Procedure Code (V of 1908), S.11---Second suit for maintenance by divorced daughter against her father---Res judicata, principle of---Applicability---Scope---Rejection of plaint in plaintiff's first suit by Family Court for want of jurisdiction to entertain maintenance claim by a daughter against her father---Father's plea that daughter's second suit for maintenance was barred by res judicata---Validity---Period of past maintenance claimed in first suit was six years, while in second/present suit was five years---Family Court had not decided first suit on merits, rather had rejected plaint on technical or preliminary ground for want of jurisdiction---Res judicata would not apply where first suit was not decided on merits---Family Court had exclusive jurisdiction to entertain all claims of maintenance without any exception and had no jurisdiction to exclude maintenance claim of a daughter against her father---Order of Family Court rejecting plaint in first suit for being void order was liable to be ignored---Such plea of father was overruled in circumstances.
Contra Citation Name : 2011 YLR 1632 LAHORE-HIGH-COURT-LAHORE Side Appellant : RASHID AHMED Side Opponent : ADDITIONAL DISTRICT JUDGE, LAHORE
S. 5 & Sched.---Constitution of Pakistan, Art. 199---Constitutional peti-tion---Suit for maintenance by daughters against father--- Plaintiffs/daughters alleged that their father/defendants intended to deprive them of their share in the property left by their late mother---Defendant contended that all the plaintiffs/daughters had attained majority, left the home and were living in 'Dastak', a charitable institution---Father contended that the daughters being disobedient and major female children were not entitled to maintenance---Trial Court decreed maintenance at Rs.2500 for each daughter---Father's appeal was also dismissed---Validity---If the children had attained majority, the father stood absolved from his obligation to provide necessities of life to the major children---Where the daughter refused to take the assistance of her father in her personal matter like marriage, then the father could not be burdened with the liability to pay the expenses of the marriage of his rude and disobedient daughter---Maintenance allowance was payable to the child who was minor and was unable to earn his/her bread and butter and other expenses of life---Father would not be under any legal or moral obligation to maintain his child who left his house and opted to live away from him especially when the child was major---Major child could earn his/her livelihood himself/herself and such major child male or female would not fall in the definition of "dependant"---Where the father was alleged to be usurping share of children in property of their mother, no such dispute could become the cause to recover the maintenance from father---Children in case of such grievance, could knock the door of the court---Courts below had not considered the case properly---Constitutional petition was accepted.
Citation Name : 2012 PLD 154 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Mian MUHAMMAD SABIR
Side Opponent : Mst. UZMA PARVEEN
S. 5 & Sched.---Suit for maintenance by divorced daughter against her father---Maintainability---Liability of father to maintain his daughter till her marriage would pass on after her marriage to her husband---Husband's liability to maintain his wife would continue till subsistence of marriage, but not after dissolution of marriage---Female losing her marital status would revert to her status of a single lady and would need financial support in same manner as she needed before her marriage---Divorced daughter, if not gainfully employed or having means at her disposal to take care of her basic needs, could claim maintenance from her father, whose means would be kept in view while determining her maintenance---Father could not deny maintenance to divorced daughter, if she was living with her mother instead of father---Custody of daughter till her marriage would belong to mother and father as her guardian could not complain if she did not live with him-
Citation Name : 2013 PLD 464 LAHORE-HIGH-COURT-LAHORESide Appellant : GAKHAR HUSSAINSide Opponent : Mst. SURAYYA BEGUM
S. 5, Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Suit for maintenance of daughter including educational expenses---Claim of past maintenance ---maintenance ---Definition---Suit was decreed and father (petitioner) was ordered to pay past maintenance including for education of daughter ---Contention of the father (petitioner) was inter alia, that his daughter was disobedient and was therefore, not entitled to recover maintenance and that maintenance did not include education expenses---Validity---Father was bound to maintain his daughter until she was married, and the father was not bound to maintain a child which was capable of being maintained out of his or her own property---Definition of "maintenance " was to be liberally interpreted which included the process of maintenance or being maintained and provisions of means to support life---Father was bound to maintain a daughter and she was entitled to receive maintenance regardless of her age till such time she was married---Even on attaining the age of majority, the father was responsible for daughter 's maintenance ---Father in the present case had been providing maintenance to his other children from his other wives and as such he treated his daughter with discrimination---Contention that the daughter was disobedient had no force, since, firstly, the father was unable to show his love or affection for his daughter , therefore he could not expect her to return, secondly no instance was mentioned showing disobedience, and thirdly, under Islamic law, there was no institution of abandonment ("aaq") for a disgruntled son/daughter depriving him/her from inheritance and therefore a daughter could not be deprived of her right to be maintained by her father during his life time---No interference was called for in the impugned orders---Constitutional petition was dismissed, in circumstances
Citation Name : 2014 MLD 351 PESHAWAR-HIGH-COURT-NWFPSide Appellant : FARID KHANSide Opponent : SAEEDA BIBI
Ss. 17A & 5, Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---maintenance of children by father---Scope---Suit for recovery of dower and maintenance allowance---Application for fixation of interim maintenance for minor---Contention of father was that mother had waived right of maintenance of minor---Application for fixation of interim maintenance for minor was accepted by the Family Court---Validity---Father was responsible to meet expenses of his minor children whether they were in the custody of their mother or in his own custody; he was even bound to maintain divorced daughter if she was living with her mother instead of himself---No illegality, irregularity or jurisdictional defect in the interlocutory order had been pointed out by the defendant---Constitutional petition did not lie against an interlocutory order and same was dismissed.
Maintenance---Divorced daughter, maintenance of---Entitlement---Plaintiff, a divorcee, filed suit against her father claiming maintenance---Trial court, after hearing parties and record evidence, decreed the suit and fixed maintenance of plaintiff till her marriage---Father contended that plaintiff, being disobedient daughter who refused to reside with him, was not entitled for any maintenance---Daughter controverted said contention alleging that she had refused to reside with father due to maltreatment on the part of her step-mother/second wife of father---Validity---Father could not rebut said plea of mal-treatment and admitted to have unpleasant relations with daughter and that being father he was unable to show his love, affection or intimacy for his daughter and for that reason could not expect the same in return---Plea of father to disentitle daughter from maintenance on account of her alleged disobedience had no force---Father admitted to have served in Pakistan Rangers for thirty-five years and thereafter had been pensioner, had ancestral house with agricultural land and that plaintiff-daughter was in need of medical treatment---No illegality was committed by courts below in determining quantum of maintenance---Defendant being real father was legally and morally bound to maintain his divorced daughter---Daughter (as admitted by father) had no source of income and was being maintained by her paternal uncle---Plea of father that he was not bound to maintain daughter had no force---Constitutional petition was dismissed.
2015 PLD 683 LAHORE-HIGH-COURT-LAHORE Side Appellant : MANZOOR HUSSAIN Side Opponent : Mst. SAFIYA BIBI
PLD ,,,,2015 lah 683 (a) & (b).........disobedience of daughter has no force ,,,,,when she become divorced laibilty again shits upon father to maintain her
0 comments:
Post a Comment