Law: Family Courts Act, 1964

Section: 5,17A

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 5 & 17-A---Constitution of Pakistan, Art.199---Constitutional petition---Interim maintenance---Right of paternal grandfather---Counsel and client relationship---Statement of counsel---Minors filed suit for recovery of monthly maintenance against their father who was living abroad---During proceedings, counsel for paternal grandfather of minors made statement with regard to payment of interim maintenance---On failure of paternal grandfather to pay the maintenance, Family Court decreed the suit in favour of minors--Judgment and decree passed by Family Court was maintained by Lower Appellate Court--Validity---Father of minor children was alive and living abroad, who was unwilling or unable to discharge his obligation of maintaining his minor children---Paternal grandfather could be burdened with the liability to support his minor grand children who had no means or source of income to take care of their basic needs---Paternal grandfather was bound to maintain his son's minor children in need regardless of whether or not they were orphans---Paternal grandfather had a right to be reimbursed by the father of minors--Judgments and decrees passed by two courts below did not have any illegality or irregularity, therefore, High Court declined to interfere in the same---Petition was dismissed in circumstances. Ghulam Nabi v. Muhammad Asghar and 3 others PLD 1991 SC 543 ref. Abdul Ghani v. Muhammad Ashfaq and others 1994 CLC 444; Haji Nizam Khan v. Additional District Judge, Lyallpur and others PLD 1976 Lah. 930; Abdullah v. Jawaria Aslam and 2 others 2004 YLR 616 and Mavra Arshad v. Sheikh Ehsan Ghani 2005 SCMR 1293 rel. ORDER ASAD MUNIR J.---The petitioner is aggrieved by the learned Judge Family Court's orders dated 7-10-2009 and 24-11-2009, affirmed by the learned Additional District Judge's judgment and decree dated 9-3-2010, whereby the petitioner has been ordered to pay monthly maintenance of Rs.2000 to Respondents Nos. 2, 3 and 4, aged 10 years, 9 years and 6 years, respectively, who are the minor grandsons of the petitioner, being the sons of petitioner's son, respondent No.5 and his daughter-in-law,…

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