Case Details

Citation(s)
1992 SLG 709 1992 SLD 709 1992 SCMR 1471
Supreme Court of Pakistan
Civil Appeal No.68 of 1991, decision dated: 25-03-1992(On appeal from the judgment, dated 25-2-1991 of the Lahore High Court, Lahore, in R.FA. No.161 of 1986
MUHAMMAD AFZAL ZULLAH, C.J., SALEEM AKHTAR AND WALI MUHAMMAD KHAN, JJ

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KHALID MEHMOOD and 3 others

Rana MUZAFFAR ALI KHAN and others

Law:

Section:

Islamic Jurisprudence--Maintenance---Maintenance of children---While the children were under strict command not to utter even harsh words against their father, on the other hand the father is required to be just and fair as also compassionate to children particularly for his daughters as accepted Sunnah Injunctions promised high reward for those parents who properly look after and bring up daughters. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---This direct appeal has arisen out of a very unfortunate dispute between a father/respondent No.l and his sons and daughters, the appellants herein. The respondent filed a suit to have it declared that the alleged gift made on 9-1-1980 and registered on 12-1-1980 in favour of the appellants was the result of fraud and forgery and was, therefore, not binding upon the plaintiff. This suit was dismissed by the trial Court but in an elaborate well-­considered judgment impugned through this appeal a Division Bench of the High Court reversed the decision of the trial Court. Hence this appeal by the alleged donees, the children of the alleged donor. When the appeal came up for hearing on 16-3-1991, it gave us not only surprise but also anguish and shock to hear what the learned counsel for the respondent/father had to state about the alleged abduction/ill-treatment meted out to him by his own children. It gave us further shock to notice that the children included the daughters also, one of them yet unmarried. We would have certainly noted the details of the statement made by the respondent's counsel at the Bar in regard to the afore-noticed episode/s but now refrain from doing so; as, the contesting parties have after willingly accepting our direction for a meaningful dialogue for an out of Court settlement, have amicably compromised the matter. It has been, to a considerable extent, made possible by an outstanding performance by their learned counsel and their most willing assistance and cooperation without charging any additional remuneration for the additional laborious work in and out of Court. We while appreciating this respondent to the call of duty by the learned counsel appearing in this case at this stage in this Court, also…
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