4. There can be no cavil with the proposition that the
maintenance issue(s), in relation to Muslim relatives shall be
governed and regulated by the principles/injunctions of Islam i.e. as per the personal law of the parties. In this
context, according to section 369 of the Muhammadan Law
by D.F. Mullah, maintenance means and includes food,
raiment and lodging. However, it may be observed that from
the very language of the above section, such definition is
neither conclusive nor exhaustive, and in our view it
undoubtedly has a wider connotation and should be given
an extended meaning, for the purposes of meeting and
catering for the present days social, physical, mental growth,
upbringing and well being of the minor, keeping in mind the
status of the family, the norms of the society and his
educational requirement, which has now attained utmost
importance; but obviously corresponding to and
commensurating with the means and the capacity of the
father to pay. Anyhow, the same jurist in section 370 of the
book has elucidated the liability of the father to pay the
maintenance to his children as follows:-
“370. Maintenance of children and grandchildren.---
(1) A father is bound to maintain his sons until they have attained the age of puberty. He is also bound to maintain his daughters until they are married. But he is not bound to maintain his adult sons unless they are disabled by infirmity or disease. The fact that the children are in the custody of their mother during their infancy (section 352) does not relieve the father from the obligation of maintaining them. But the father is not bound to maintain a child who is capable of being maintained out of his or her own property.
(2) If the father is poor, and in capable of earning by his own labour, the mother, if she is in easy circumstances, is bound to maintain her children as the father would be.
(3) If the father is poor and infirm, and the mother also is poor, the obligation to maintain the children lies on the grandfather, provided he is in easy circumstances.”
Again in interpreting the word “maintenance” some reasonable standard must be adopted. Whilst it is not confined merely to food, clothing and lodging, it cannot, by any stretch of imagination, be extended to incorporate within it education at higher levels ad infinitum. What is necessary to decide in this connection is to find out as to what amount of education has to be attained by the child concerned, having regard to the status and other circumstances of his family, to enable it to earn a complete livelihood by honest and decent means. Thus it may not be sufficient to say that the child of a tradesman can maintain itself by working as coolly or by thieving. What is required is that the child must be maintained until it is in a position to earn its own livelihood, in an honest ad decent manner in keeping with its family status.
PLD 2013 SC 557
LAHORE HIGH COURT AT LAHORE WP No.154537 of 2018
“370. Maintenance of children and grandchildren.---
(1) A father is bound to maintain his sons until they have attained the age of puberty. He is also bound to maintain his daughters until they are married. But he is not bound to maintain his adult sons unless they are disabled by infirmity or disease. The fact that the children are in the custody of their mother during their infancy (section 352) does not relieve the father from the obligation of maintaining them. But the father is not bound to maintain a child who is capable of being maintained out of his or her own property.
(2) If the father is poor, and in capable of earning by his own labour, the mother, if she is in easy circumstances, is bound to maintain her children as the father would be.
(3) If the father is poor and infirm, and the mother also is poor, the obligation to maintain the children lies on the grandfather, provided he is in easy circumstances.”
Again in interpreting the word “maintenance” some reasonable standard must be adopted. Whilst it is not confined merely to food, clothing and lodging, it cannot, by any stretch of imagination, be extended to incorporate within it education at higher levels ad infinitum. What is necessary to decide in this connection is to find out as to what amount of education has to be attained by the child concerned, having regard to the status and other circumstances of his family, to enable it to earn a complete livelihood by honest and decent means. Thus it may not be sufficient to say that the child of a tradesman can maintain itself by working as coolly or by thieving. What is required is that the child must be maintained until it is in a position to earn its own livelihood, in an honest ad decent manner in keeping with its family status.
PLD 2013 SC 557
LAHORE HIGH COURT AT LAHORE WP No.154537 of 2018
