Law: Family Courts Act, 1964

Section: 13

Family Courts Act (XXXV of 1964)----S. 13---Disabled child having attained age of majority---Maintenance by father---Scope---Executing Court while deciding objection by father dropped execution proceedings regarding maintenance allowance of said child---Appellate Court maintained order of Executing Court---Review by executing Court/Family Court---Scope---Disabled child/son had contended that though he had attained majority but, being blind he could not earn his livelihood, so his father was duty bound to maintain him---Validity---Held, although in normal course father was under obligation to maintain his child till attaining the age of majority, however, there was an exception to such rule and that was the disability of a child by infirmity or disease---Disabled son had taken stance that he had lost vision from both eyes and was not in a position to maintain himself---Appellate Court had observed that it was duty of the disabled person to get himself medically examined first and then move the Court---Disability Certificate issued by Social Welfare Department had been produced before the High Court which revealed that the disabled son suffered from diminished vision from both the eyes---Family Court being a quasi-judicial forum could regulate its own procedure, the only exception being that it must not be in contravention to any settled principle of law and caused injustice to the parties---Family/Executing Court was fully equipped with powers to review its order---High Court set aside impugned order and ---Review petition filed by the petitioner disabled son before Executing Court would be deemed pending and the same would be decided on merits---Constitutional petition was allowed accordingly. Humayun Hassan v. Arslan Humayun and others PLD 2013 SC 557 and Muhammad Tabish Naeem Khan v. Additional District Judge Lahore and others 2014 SCMR 1365 ref. THIS ORDER PASSED BY: MUDASSIR KHALID ABBASI, JUSTICE:---.--- This constitutional petition has been directed against order dated 28.4.2011 passed by the executing court and judgment dated 5.5.2012 passed by appellate Court. 2. Precisely facts of the case are that the petitioner along with his two sisters filed suit…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492