Citation Name: 2023 YLR 1106 LAHORE-HIGH-COURT-LAHOREBookmark this Case ROSHAN DIN vs RASHIDA ILYAS S — 2023 YLR 1106 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1106 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 1106 LAHORE-HIGH-COURT-LAHOREBookmark this Case ROSHAN DIN vs RASHIDA ILYAS 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

Citation Name: 2023 YLR 1106 LAHORE-HIGH-COURT-LAHOREBookmark this Case ROSHAN DIN VS RASHIDA ILYAS S. 5, Sched.--- Constitution of Pakistan, Art. 199--- Constitutional petition---Maintenance of minor child---Grandfather, responsibility of---Petitioner was grandfather of respondent/minor granddaughter and aggrieved of maintenance allowance fixed by two Courts below upon him---Plea raised by petitioner was that Courts below did not determine his circumstances for such maintenance--- Validity--- Son of petitioner and father of respondent died in a road accident in a foreign country---Trial Court decided the matter on wrong premise by treating petitioner, who was defendant in the suit, as father of the minor and did not consider that he was the grandfather---Trial Court also did not take into consideration stance of both the parties, which it was required to do so, to provide fair trial to the parties---Prejudice was caused to rights of parties, especially to that of petitioner---High Court set aside judgments and decrees passed by two Courts below and remanded the matter to Trial Court for decision afresh--- Constitutional petition was allowed accordingly.

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