Citation Name: 2023 YLR 2003 PESHAWAR-HIGH-COURTBookmark this Case ALMIR vs Mst

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

Citation Name: 2023 YLR 2003 PESHAWAR-HIGH-COURTBookmark this Case ALMIR VS Mst. BANGLOW BIBI Ss. 17-a & 5, Sched.---Suit for recovery of maintenance allowance of minors whose father passed away---Paternal grandfather of the minors, responsibility of---Financial status of the grandfather--- Scope--- Whether the grandfather could be held liable to pay maintenance allowance to his grandchildren---Family Court ordered petitioner/grandfather to pay interim maintenance allowance to his five grandchildren @ Rs. 2000/- per month to each minor under the provision of S.17-a of the Family Courts act, 1964 ('the act 1964')---Contention of the petitioner/grandfather was that the Court had failed to determine his poor financial status, his old age, and him being himself dependent on his siblings---Held, that under Islamic Law, a grandfather could be held liable to pay maintenance allowance to his grandchildren if certain conditions were met---In general, under Islamic Law, maintenance (nafqah) was a right which was granted to certain family members including children, parents and spouses---Said right required that person who was responsible for providing maintenance, usually the father or husband, must provide financial support to the dependent family members to cover their basic needs such as food, clothing, and shelter---as for the case of grandchildren, the responsibility for providing maintenance fell first on their father, and if he was unable to provide or was not alive, then the same fell on their paternal grandfather, which was based on the principle i.e. "nearer in degree" (qarabah) meaning that the closer family member was responsible for providing maintenance before the more distant one---However, it was important to note that the grandfather's responsibility and its extent for providing maintenance to his grandchildren was not absolute and could vary depending on the circumstances as well as various factors including the financial situation of the grandfather, the needs of the grandchildren and the availability of other sources of support---Grandfather, in some cases, could be exempt from said obligation if he was unable to provide for his own basic needs or was facing other financial difficulties---Determination of said liability of grandfather in the present case depending upon circumstances and interpretation of Islamic law, would be decided after recording evidence; and the Family Court , would decide all the aspects but in accordance with the law---Petitioner had failed to point out any illegality committed by the Family Court while passing the impugned interim order qua jurisdictional defect---Constitutional petition was dismissed in limine, in circumstances.

Citation Name: 2023 YLR 2003 PESHAWAR-HIGH-COURTBookmark this Case ALMIR vs Mst — 2023 YLR 2003 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2023 YLR