Law: Family Courts Act, 1964

Section: XXXV,2(d)

Law: Civil Procedure Code (V of 1908)

Section: 1,10

Law: Constitution of Pakistan, 1973

Section: 199

(a)    Family Courts Act (XXXV of 1964)-------S. 2(d)---Civil Procedure Code (V of 1908), O. I, R.10--- Constitution of Pakistan, Art. 199--- Determination of necessary and proper parties---Court may strike out or add parties---Dispute between a father and his adult sons regarding maintenance---Father filed an application to strike out the names of his sons from the suit on the ground that his sons being adults were no longer entitled to maintenance---Trial Court accepted the application, but the Appellate Court reversed the decision---Validity---Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out---Party who has no connection with the relief sought may be struck out from the record as a party---Court can also strike out a party over whom it has no jurisdiction and whether a party is to be struck out or not is to be determined on the basis of plaint as framed---High Court in view of S.2(d) of the Family Courts Act, 1964, held that adult sons were proper and necessary party and their presence was necessary for the proper decision of the controversy involved in the suit and the impugned order was held to be well-reasoned and was passed after due appreciation of the record as well as merits of the case, which was not open to any exception or interference by High Court while exercising its constitutional jurisdiction---Constitutional petition was dismissed, in circumstances.Mst. Aila Nawaz v. Judge Family Court, Khanewal and 2 others 2018 CLC 241 and Muhammad Riaz Ahmad v. Mst. Shaheen Akhtar and 3 others PLD 2023 Lah. 317 distinguished.Muhammad Arif and others v. District and Sessions Judge, Sialkot and others 2011 SCMR 1591 rel.(b)    Islamic law-------Maintenance, definition of---Scope---Obligation of father to pay maintenance to his adult son---Scope---Right of maintenance is not limited only to food, clothing and lodging, but also entails all other necessary expenses for the mental and physical wellbeing of the…

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