S. 17-A---Suit for recovery of maintenance allowance filed by daughter who had attained majority---Daughter living separately from father in circumstances where .........

 S. 17-A---Suit for recovery of maintenance allowance filed by daughter who had attained majority---Daughter living separately from father in circumstances where father had already made financial arrangements for daughter---Effect---Daughter, who was aged 35 years and allegedly remained unmarried, filed a Suit against her separated parents for recovery of maintenance allowance---Family Court fixed the interim maintenance @ Rs.18,000/- with the direction to the father to pay the maintenance to the daughter---On failure to pay the interim maintenance, the Family Court decreed the Suit by invoking the provisions contained in S.17-A of the Family Courts Act, 1964 and directed the father to pay Rs.20,000/- per month with 20% annual increase from the date of institution of the Suit till marriage of the daughter---Father contended that he could be held responsible for payment of maintenance to the daughter only when she showed obedience to him; that his daughter was a major and she was avoiding living with him---Validity---Daughter was a major having age of 35 years and she had instituted the Suit against both her parents---Daughter lived separate from her father since separation of matrimonial tie of her parents---Admittedly, soon after separation, the father had arranged a source of maintenance for the daughter in the shape of house handed over to the mother, who initially maintained her through the income of rent---Said fact clearly showed that the father was well aware of his responsibilities to maintain her daughter and for that very purpose he had made sufficient arrangements---Strangely, the Family Court had only burdened the father with the liability of maintenance even though the daughter had claimed maintenance from both her parents---Decree for maintenance passed by Family Court was set-aside in circumstances---High Court directed that Suit filed by daughter for recovery of maintenance allowance shall be deemed to be pending befor e the Family Court, which shall decide the same afresh strictly in accordance with law---Constitutional petition was allowed accordingly.

PLD 2019 LAHORE 102