ARIF FAREED vs BIBI SARA S — 2023 SCMR 413 SUPREME-COURT

Case information

Citation: 2023 SCMR 413 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: ARIF FAREED vs BIBI SARA S
Subject matter: Civil
Provisions referred to: S. 5

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ARIF FAREED VS BIBI SARA S. 5 & Sched.---Family suit involving child---Minor daughter of the parties not arrayed as a plaintiff in the suit---Whether Family court is competent to grant a decree in favour of such minor---Held, that in the present case, it was very much convenient for the Family Court to ask for the suitable amendments in the plaint or it could have itself impleaded the child as a plaintiff along with his mother and other siblings---However, in the given circumstances, there was no miscarriage of justice or that the case could have a different result if the child was technically impleaded as a party to the suit in formal manner---Disposal and settlement of family dispute should not take the form and contents of adjudication---Wherever, there is a procedural convenience, subject to the command of the statute, it must be resolved in favour of the women and children---Though the name of minor daughter has not been mentioned in the array of plaintiffs independently but in the body of the plaint her case for grant of maintenance has been clearly pleaded and further in the prayer clause specific maintenance allowance for the minor daughter has been sought by the plaintiff-mother---Petition for leave to appeal was dismissed and leave was refused.

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