Law: Family Courts Act, 1964

Section: 5,Sched

Law: Limitation Act, 1908

Section: 120

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----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. Mukhtarul Hassan Siddiqui v. Judge Family Court, Rawalpindi and 4 others 1994 CLC 1216; Abdul Rauf and others v. Mrs. Shereen Hassan PLD 2001 SC 31; Muhammad Nawaz v. Mst. Khurshid Begum and others PLD 1972 SC 302; Mst. Anar Mamana and another v. Misal…

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