بالغ بیٹا کن حالات میں خرچہ نان ونفقہ کا حقدار ہوگا

PLJ 2024 Lahore 851

Adult son is also entitled to get maintenance.

Obligation of the father to maintain his adult son who has not yet accomplished basic education, enabling him to earn his livelihood, may be considered by the court in an appropriate case, a factor falling with the exception to the general rule (supra).

Education is the necessary qualification which is required to a person to enable him to earn bread and butter. It does not include higher studies and studies abroad. From the analysis of above referred case laws, this Court has observed that the learned (naeem)Trial Court has to ascertain in the light of evidence of the parties as to which extent the father is bound to pay the educational expenses of an adult son. While doing so, following points must be taken into account by the learned Trial Court:-

i) First and the foremost consideration is the capacity and financial status of father.

ii) Age and conduct of the adult son.

iii) Whether the adult son has his own resources to sustain his studies.

iv) The nature and stage of studies.

v) Academic performance of adult and his passion & zeal towards the education

vi) The extent of education which is essential to enable him to earn his livelihood. Obviously, this shall not include the higher studies, especially studies abroad without there being a promise by the father to support him.

vii) Whether the son gives due respect and show regard to his father and in any case is not disobedient or estranged man.

It shall also be determined by the learned Trial Court after recording evidence of the parties and analyzing (naeem)status of the father as to whether the adult sons are entitled to receive maintenance allowance or not.

No doubt the court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the court be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out. The party who has no connection with the relief sought may be struck off from the record as a party.(naeem) The court can also strike out a party over whom it has no jurisdiction. Whether a party is to be struck out or not is to be determined on the basis of plaint as framed. The word „Party‟ has been defined in West Pakistan Family Courts Act, 1964

WP 62571/24

Muhammad Imran Vs Samina Kausar etc