Law:

Section:

(a) Islamic law--- ----Maintenance---Divorced daughter, maintenance of---Entitlement---Plaintiff, a divorcee, filed suit against her father claiming maintenance---Trial court, after hearing parties and record evidence, decreed the suit and fixed maintenance of plaintiff till her marriage---Father contended that plaintiff, being disobedient daughter who refused to reside with him, was not entitled for any maintenance---Daughter controverted said contention alleging that she had refused to reside with father due to maltreatment on the part of her step-mother/second wife of father---Validity---Father could not rebut said plea of mal-treatment and admitted to have unpleasant relations with daughter and that being father he was unable to show his love, affection or intimacy for his daughter and for that reason could not expect the same in return---Plea of father to disentitle daughter from maintenance on account of her alleged disobedience had no force---Father admitted to have served in Pakistan Rangers for thirty-five years and thereafter had been pensioner, had ancestral house with agricultural land and that plaintiff-daughter was in need of medical treatment---No illegality was committed by courts below in determining quantum of maintenance---Defendant being real father was legally and morally bound to maintain his divorced daughter---Daughter (as admitted by father) had no source of income and was being maintained by her paternal uncle---Plea of father that he was not bound to maintain daughter had no force---Constitutional petition was dismissed. Mian Muhammad Sabir v. Mst. Uzma Parveen and 2 others PLD 2012 Lah. 154 and Mst. Farhat Jabeen v. Muhammad Safdar and others 2011 SCMR 1073 rel. (b) Islamic law---- ----Maintenance---Right of daughter---Scope---Daughter cannot be deprived of her right of maintenance by father during his life time when no instance is mentioned showing disobedience on her part---Father is obliged to maintain her daughter till her marriage---Liability of husband to maintain his wife continues till subsistence of marriage---After dissolution of marriage, female loses her marital status and liability again shifts towards her father. ORDER…

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