Law:

Section:

Muhammadan Law--------Maintenance--- Exoneration of father from liability of maintenance to his daughter---Daughter is to be maintained by her father till her marriage---Father's plea that daughter having refused to marry, his responsibility for the maintenance of his daughter comes to an end, repelled---Held, reason given by the daughter for not marrying in the lifetime of her old ailing mother was quite genuine because there was every likelihood that after some time when disability on her part was removed and circumstances became conducive, she might change her idea and get herself married, then the father would be automatically exonerated from her liability. ORDER USMAN ALI SHAH. J.--Leave to appeal has been sought by the petitioner, against the judgment of the Lahore High Court, Lahore dated 30th January, 1989, whereby his writ petition against the order of the District Judge, Gujrat dated 3rd July, 1986 was dismissed. 2. On the application of respondent No. 2, (i.e. daughter of the petitioner) before the Judge Family Court, an ex parte decree was passed against the petitioner vide order dated 12th January-, 1976. The said decree was amended by the said Court on the application of the petitioner to the effect that the petitioner would pay 2/7th share of the produce from the land to his wife and his daughter whereas the rest of 5/7th share the petitioner himself will get and he would also arrange from his own pocket for the marriage of Mst. Ameer Bibi daughter of the petitioner. It was also ordered that the petitioner would pay 1/7th of his income from the land to Mst. Rasoolan Bibi respondent No. 3 after the marriage of respondent No.2, vide compromise decree dated 20th July, 1978. 3. On failure on the part of the petitioner to pay 1/7th share of income of his land to respondent No.2 she filed an execution application before the learned Civil Judge, Mandi Bahauddin, which was resisted by the petitioner. The learned Civil Judge, vide his order dated 16th March, 1986, dismissed the said application. On appeal…

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