| Citation(s) |
|---|
| 2026 SLG 4286 = 2026 SLD 4286 |
Writ Petition No.345 of 2025
Presented By: (INNAM AMEEN MINHAS) JUDGE
Appellant by: Raja Muhammad Aleem Khan Abbasi and Malik Akhtar Abbas Advocates.
Respondent No.3 by: Mr. Shaharyar Nawaz Malik, Advocate.
Respondent No.4 by: Mr. Khurram Masood Kiyani, Advocate. Date of Hearing: 06.03.2025.
Amna Fayyaz
VS
. Additional District Judge (West), Islamabad, etc
Law: West Pakistan Family Courts Act, 1964
Section: 14(3)
Law: Family Courts Act, 1964
Section: 10
Law: Code Of Civil Procedure, 1908.
Section: 10-A
Law: Constitution of Pakistan 1973
Section:
Summary
The petitioner-mother challenged the appellate judgment that had set aside the Family Court’s order impleading the paternal grandfather as a defendant in proceedings for recovery of maintenance of two minor children.
The father had admitted financial inability to pay more than Rs.5,000 per month per child, while the petitioner produced material showing that the paternal grandfather possessed substantial financial resources. The High Court held that, under Islamic jurisprudence and Pakistani family law, the father has the primary obligation to maintain minor children, but where the father is financially incapable and the paternal grandfather is financially capable, the obligation may extend to the grandfather.
The Court relied principally on Bashir Ahmad v. Additional District Judge, Hafizabad (PLD 2024 SC 67) and held that the grandfather should be impleaded so that he can be given a proper opportunity to contest whether the legal conditions for his maintenance liability exist.