Law: Family Courts Act, 1964

Section: 5

Family Courts Act (XXXV of 1964) S.5, Sched.Suit for maintenance of minorGrandfather of minor was impleadedGrandfather/plaintiff instituted a suit for recovery of rupees one crore on account of mental torture suffered by him in proceedings of a suit for maintenance filed by his grandsonTrial Court granted damages to the extent of Rs.10,000ValidityDissection of record revealed that the plaintiff himself had filed an application for custody of the minor being a grandfather by including the defendant as party grandfather, was blowing hot and cold at the same time as on the one hand he had shown his anxiety to take custody of the minor but on the other hand when he was impleaded as party just for getting information qua whereabouts of his real son he started raising hue and cry that on account of receipt of notice/summons of Court, his personality was damaged in social setupWhen a man had already instituted more than one litigation against a lady and her father then he had no right to claim that his respect had been damaged on account of filing a suit for maintenancePartial decree granted by the Trial Court in favour of the plaintiff was set aside and the appeal filed by defendant was allowed, in circumstances. JUDGMENT MUHAMMAD AMEER BHATTI, J. R.F.A. No.94/2010 has been filed by the appellant to impugn the judgment and decree dated 31.07.2010 passed by the learned trial Court whereby the suit for recovery of rupees one Koror as damages was dismissed except granting relief to the extent of Rs.10,000/ whereas on the other hand respondent No.1 preferred R.F.A. No.106/2010 challenging portion of decree of Rs.10,000/. Both these appeals were heard together and being decided through this consolidated judgment. 2. The appellantplaintiff instituted a suit for recovery of rupees one Koror on account of mental torture suffered by him in proceedings of a suit for maintenance of minor filed through respondent No.1Mst. Asima Saeed. From the averments of the plaint, it is clear that the appellant being grandfather had been included in the array of defendants in the suit for maintenance of the minor filed on behalf of minor by respondent No.1 as next friend. Subsequently on…

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