Maintenance allowance of the minors, quantum of-Scope---Father is obligated to maintain his children and a reasonable standard must be assumed for determining quantum of their maintenance allowance- Court while considering the quantum of maintenance will take into consideration the fundamentals of the minors education, status, general expenses-Court must alto take into consideration reasonable probability of obtaining education and the ability to take care of the minors in a stable, safe and healthy environment---Without due consideration of all said factors, the Court cannot conclude positively the quantum of maintenance---There is no hard and fast formula for determining quantum of maintenance and the main consideration for the Court is the ability of the father to maintain the minors---Thus, merely stating that he is short of resources will not discharge him of his obligation-Basic objective for determining maintenance is to ensure that in all probability the minors are maintained by the father in a dignified manner with reasonable comfort and that the mother of the child is not left to bear the burden of taking care of the minors- Quantum of maintenance requires due consideration of all factors on the basis of which the court can determine the actual need of the minor-In said regard, it is important for the court to keep in consideration the expenses incurred or likely to be incurred on the minors-For the purpose of maintenance it is the obligation of the father to fulfill needs of his kids.
Maintenance allowance to wife and children, providing of---Obligation of husband/father---Scope---Husband is under legal, moral and religious obligation to ..............
Syed ZAIN MUNTAZAR MEHDI versus
Maintenance allowance to wife and children, providing of---Obligation of husband/father---Scope---Husband is under legal, moral and religious obligation to maintain his legally wedded wife---Section 272 of Mohammdan Law provides obligation of a husband to maintain his wife with certain conditions---Section 278 of Mohammdan Law postulates that if a husband refuses to maintain his wife, she may sue for maintenance---Hence, it is the obligation of husband to pay Nafqa or maintenance, if construed in accordance with the principles as laid down in "HIDAYA" translated by Charles Hamilton in Chapter XV such as "Nafqa", in the language of law, signifies all those things which are necessary to support life, such as food, clothes and lodging---In the present case, the Courts below had held the petitioner (husband) under obligation to pay maintenance allowance of the respondent/wife, which by no means was in deviation to law and Sharia---Likewise, a father is under legal, moral and religious obligation to maintain his children till the age specified by law/sharia and such obligation originates from esteemed dictates of Holy Quran-Father's obligation to maintain his children has repeatedly been recognized and emphasized.
Syed ZAIN MUNTAZAR MEHDI versus Mst. SARA NAQVI and othersWrit Petition No.370 of 2024
2024 CLC 1580
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