Law: Family Courts Act, 1964

Section: 5

(a) Islamic law--- ----Maintenance of minor children---Grandfather, responsibility of---Principle---Where grandfather is affluent, then obligation to maintain children lies on him but only when father is poor, infirm and incapable of earning by his own labour and mother is also poor. Paragraph No.370 by D.F. Mulla's rel. (b) Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Maintenance of minor children---Grandfather, responsibility of---Suit filed by petitioner / mother of two minors was decreed by Trial Court against respondent / grandfather of minors fixing maintenance of Rs.40,000/- per child per month---Lower Appellate Court reduced the maintenance to Rs.30,000/- per child per month---Validity---Fixing quantum of maintenance always required striking a balance between needs of minors and earnings of a father as well as his other sources---Award in favour of minors should not be incompatible or inconsistent with financial conditions of father or the one who was held to be obliged by law to take care of children---Trial Court was to consider education, medical, food expenses and other day to day needs of minors on one hand and on the other hand, Courts were required to determine financial status of father---Lower Appellate Court did not maintain requisite equilibrium while fixing quantum of maintenance for the minors and several parts of evidence were unduly ignored---Status of parties and available sources were overlooked by Lower Appellate Court---High Court set aside maintenance fixed by Lower Appellate Court and restored that of Trial Court, with 10% annual increase---Constitutional petition was allowed in circumstances. Nazia Bibi and others v. Additional District Judge, Ferozewala and others PLD 2018 Lah. 916; Humayun Hassan v. Arslan Humayun and another PLD 2013 SC 557; Shaikh Farrukh Hussain v. Mst. Farah Nishat and others 2021 YLR 1363; Manzoor Ahmed v. Hamad Raza and others 2003 SCMR 1836; Khalid Mahmood v. Naseem Akhtar and others 2019 MLD 820; Syed Najmul Hassan v. Mst. Nabeela Tabassum and 3 others 2001 CLC 78 and Hanzla Khalid and others v. Khalid Parvaiz and others 2019 MLD 1128 ref. Ghulam Nabi v. Muhammad Asghar and 3 others PLD 1991 SC…

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