Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched. ---Constitution of Pakistan, Art. 199---Constitutional petition---Maintenance allowance for minors, recovery of---Petitioner was grandfather of minors and he failed to provide maintenance allowance as fixed by Family Court---Plea raised by petitioner was that he was a pensioner having meagre sources of income and was unable to pay maintenance to minors as fixed by Family Court---Validity---By putting a person with 76 years of age behind the bars, the minors would not be adequately compensated with regard to their maintenance, when grandfather was a pensioner and not in a position to maintain the minors---Such was not enough to attend miseries of the minors---High Court observed that system of Zakat could be linked up with Family Court to the extent that if Family Court was of the view that persons liable to pay maintenance were poor and those who should have to receive maintenance also fell under the clause of eligible persons entitled to receive Zakat funds, then suitable directions to Zakat and Ushr Council be also issued---Family Courts were also expected not to deal with delicate matters touching the rights of people, particularly destitute ladies and needy minors and instead of dealing with their such affairs in mechanical manner, there was a need to adopt new line of action to start with creation of a society, which was dreamed of as a social welfare State---By putting person behind the bars for non-providing maintenance to deserving people, no service was being offered to such needy people but their miseries were being added---High Court directed the authorities to register the minors as regular beneficiaries from District Bail-ul-Maal---Petition was disposed of accordingly. Sharaf Faridi and 3 others v. The Federation of Islamic Republic of Pakistan through Prime Minister of Pakistan and another PLD 1989 Kar. 404; Sohail Muhammad Shees Farooq v. Mst. Minza Roomana and another 1998 MLD 1972; Haji Nizam Khan v. Additional District Judge, Lyallpur and others PLD 1976 Lah. 930; Ghulam Nabi v. Muhammad Asghar and 3 others PLD 1991 SC 543; Abdul Ghani v. Muhammad Ishfaq and others…

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