Citation Name: 2023 PLD 317 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD RIAZ AHMAD vs Mst

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Citation Name: 2023 PLD 317 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD RIAZ AHMAD VS Mst. SHAHEEN AKHTAR S. 9---Maintenance---Definition---Marriage expenses of unmarried daughter---Word 'maintenance' was derived from Arabic word 'Nafaq' which means 'to spend' and in literal sense, the word 'nafaqah' means what a person spends on his family---It is an inclusive explanation of the concept, not exhaustive and is only indicative in nature---Other liabilities are also included within the sweep of the concept of maintenance i.e. medical expenses, education expenses etc.---Right of maintenance does not limit itself only to food, raiment and lodging but also entails all the other necessary expenses for the mental and physical wellbeing of the recipient---Maintenance paid by a father to his child is not a courtesy rather a religious, legal, moral and social duty which cannot be put aside on frail grounds, therefore, it would be absolutely safe to include marriage expenses also within the sweep of the concept of maintenance of an adult unmarried daughter---Responsibility of the Muslim father was to act as guardian of his unmarried daughter---Even when a woman has attained puberty/majority she needs the help and assistance of her father to formally enter matrimony---Father must function as guardian on her behalf in such marriage to enable his daughter into the contract of marriage---Paramount responsibility of the father as guardian at the time of marriage of his daughter must necessarily bring with it the corresponding obligation to ensure that all necessary expenses in connection with the marriage were met by him---Father has the indisputable obligation to maintain his unmarried daughter and he has the obligation to ensure that the unmarried daughter under his charge is given away in marriage properly, as such the legal obligation to meet the reasonable marriage expenses of his daughter, is part of his obligation to pay maintenance to her---Admittedly, a father is bound to maintain his daughter till her marriage but such burden of 'maintenance'/monetary obligation cannot be shifted to a mother, who does not figure , anywhere in the compulsion to provide 'maintenance' to the children; this will not only financially burden the mother to bear the marriage expenses of her daughter but also will be against the legal norms. Citation Name: 2023 PLD 317 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD RIAZ AHMAD VS Mst. SHAHEEN AKHTAR S. 5---Divorced parents---Marriage expenses of unmarried daughter, quantum of---Determination---Appellate court partially accepted the appeal of the father/petitioner, modified the judgment and decree of the Trial Court and decreed the amount of marriage expense from Rs.1,50,000/- to 1,00,000/.---Father/petitioner from his earlier wedlock, had been maintaining his five daughters without any inconvenience or any excuse of any financial hardship---Father/petitioner had not disputed the solemnization of marriage of his daughter/respondent rather he was objecting the claim towards payment of expenses incurred during her marriage---Such contumacious refusal of the father to pay marriage expenses of his daughter amounted to penalizing her due to the reason that she was living with her mother, who had been divorced by the father---Such dissimilar treatment was evident discrimination among the daughters applied by the father---Mother and daughter, through their suit, prayed for grant of Rs.300,000/- as marriage expenses whereas the Family Court accepted the claim to the tune of Rs.150,000/- only---Father challenged the said decree through an appeal and the appellate Court, reduced the quantum of amount to Rs.100,000/-.---Once again, the father/petitioner, instead of paying the said amount to the respondents filed the present petition which showed his callousness towards his daughter---Amount granted by the appellate Court, keeping in view the current financial needs as well as the social norms did not seem to be excessive as compared to the financial status of the father---Findings of Appellate Court did not require any indulgence by the High Court in its constitutional jurisdiction---Petition was dismissed in limine.

Citation Name: 2023 PLD 317 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD RIAZ AHMAD vs Mst — 2023 PLD 317 LAHORE-HIGH-COURT-LAHORE

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