Law:

Section:

Family Courts Act (XXXV of 1964)--- ----Ss. 12 & 14(3)--- Maintenance allowance for minors---Execution Proceedings--- Absence of father of minors--- Responsibility of grandfather of minors to pay maintenance allowance for his grandchildren---Scope---Executing court demanded payment of maintenance allowance of minors from grandfather---Application by grandfather for exemption from payment of decretal amount expressing his inability owing to his old age with scarce resources---Executing court dismissed application of grandfather, however, District Court accepted his appeal---Mother/decree-holder contended that grandfather was a man of means and could pay maintenance allowance in absence of father of the minors and that District Court had wrongly accepted the plea of grandfather---Grandfather of minors contended that no decree for payment had been passed against him nor he was party to the suit and that he, being an old man, had no means to pay maintenance allowance for his grandchildren---Validity---If the father was poor or infirm and the mother was also poor, the obligation to maintain the children lay on the grandfather, provided he was in easy circumstances---When grandfather had failed to establish that minors were independent in their financial affairs, minors could not be left remediless in the lifetime of a grandfather having reasonable financial position---High Court set aside order passed by District Court---Constitutional petition was allowed accordingly. [Paras. 6 & 8 of the ] Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary, S&GAD, Karachi and another 1996 SCMR 1165; Abdullah v. Jwaria Aslam and 2 others 2004 YLR 616; Muhammad Anwar Khan v. Sabia Khanam PLD 2010 Lah. 119 and Haji Nizam Khan v. Additional District Judge, Lyallpur and others PLD 1976 Lah. 930 ref. THIS JUDGMENT DELIVERED BY: MUDASSIR KHALID ABBASI, JUSTICE:---.--- Through this constitutional petition under Article 199, petitioners have challenged the legality of order dated 08.12.2016 passed by respondent No. 1/learned Additional District Judge, Layyah whereby civil revision filed by respondent No. 3 against order dated 14.10.2016 passed by respondent…

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