Law: Constitution of Pakistan, 1973

Section: Article 199

Law: Code Of Civil Procedure, 1908.

Section: 12(2)

SUMMARY The right of maintenance does not belong to the mother. It belongs to the minor children themselves. The father’s obligation to maintain his children is both legal and moral. It continues so long as they remain minors. No private arrangement between the spouses can extinguish that obligation. Nor can the mother barter away the children’s entitlement in a compromise. The Courts, in matters concerning minors, act as guardians of their welfare. Any compromise affecting the rights of minors must therefore withstand judicial scrutiny and must demonstrably serve their welfare. If it does not, the Court cannot lend it approval. Such is also the mandate of Order XXXII Rule 7 CPC J U D G M E N T Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner assails the judgment dated 19.11.2024 passed by the learned Additional District Judge-V, Mansehra, whereby Revision Petition No.32 filed by him was dismissed and the order dated 24.02.2024 passed by the learned Judge Family Court-I, Mansehra was upheld. The concise facts are these. Respondents No.1 and 2 had instituted Suit No.253/FC of 2022 seeking possession of immovable property measuring 5 marlas situated in Mouza Sanday Sar, Tehsil and District Mansehra. They also sought recovery of Rs.100,000/- as dower, recovery of gold ornaments, maintenance allowance and return   of dowry articles. The suit was partly decreed by the learned Family Court vide judgment and decree dated 30.10.2018. Petitioner and respondents No.1 and 2, along with their mother, preferred an appeal which was partially modified by the learned appellate Court vide judgment dated 13.11.2019. Execution proceedings were thereafter initiated for enforcement of the decree. During the pendency of execution, the parties entered into a compromise. Subsequently, Abdul Shakoor and others filed a review petition on 17.09.2022, which was accepted vide order dated 06.04.2023. The present petitioner, feeling aggrieved, filed an application under section 12(2) C.P.C. which was dismissed. The petition directed against order dated 06.04.2023 was also dismissed by the learned…