Case Details

Citation(s)
2013 SLG 1715 2013 SLD 1715 2013 PLD 557
Supreme Court of Pakistan
Civil Appeal No.5-L of 2013, decision dated: 20-02-2013. (On appeal from the judgment dated 28-2-2012 of Lahore High Court, Lahore passed in Writ Petition No.3112 of 2012)
MIAN SAQIB NISAR, ASIF SAEED KHAN KHOSA AND IJAZ AHMED CHAUDHRY, JJ
Atir Mahmood, Advocate Supreme Court for Appellants. Sanaullah Malik, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for
Respondent No. 1

HUMAYUN HASSAN

VS

ARSLAN HUMAYUN and another

Law:

Section:

(a) Islamic law-----Maintenance, definition of---Scope---Obligation of father to pay maintenance to his children---Scope---Maintenance meant and included food, raiment and lodging---Such definition was neither conclusive nor exhaustive, and had 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, but obviously corresponding to and commensurating with the means and the capacity of the father to pay. Muhammadan Law by D.F. Mullah Para.369 ref. Ahmadellah v. Mafizuddin Ahmad and another AIR 1973 Gauhati 56 ref. (b) Islamic law--- ----Maintenance for children---Obligation of father to pay maintenance to his son---General rule and exception---Scope---Father in the normal course was bound to maintain his son(s) only till the time he attained the age of puberty, however there was an exception to such rule, and that was the disability of the son by infirmity or disease in which case the obligation of the father was extended to an adult son as well. Muhammadan Law by D.F. Mullah, Para 370 ref. (c) Islamic law--- ----Maintenance for (adult) son who has attained age of majority---Obligation of father to maintain his adult son for purposes of his educational needs---Scope---Obligation of the father to maintain his adult son who had not yet completed his basic education, enabling him to earn his livelihood, might be considered by the court(s) in an appropriate case (an exception to the general rule)---For such purposes a specific case had to be initiated and set out by the (adult) son before the court of original jurisdiction (competent jurisdiction), and the court on the basis of the case so propounded and pleadings of the parties, was obliged to determine, with reference to the facts of the case, whether the adult son should at all be entitled to the maintenance, as he was still pursuing his education---Court in such regard should keep in consideration age (of adult son); whether he (i.e. adult son) had his own resources to sustain…
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