AYESHA HASHMAT KAMAL vs ADDITIONAL DISTRICT JUDGE S — 2024 CLC 141 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 CLC 141 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: CLC
Parties: AYESHA HASHMAT KAMAL vs ADDITIONAL DISTRICT JUDGE S
Subject matter: Criminal
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

AYESHA HASHMAT KAMAL VS ADDITIONAL DISTRICT JUDGE S.5, Sched.---Maintenance of minor children---Grandfather, responsibility of---Suit filed by petitioner / mother of two minors was decreed by Trial Court against respondent / grandfather of minors fixing maintenance of Rs.40,000/- per child per month---Lower Appellate Court reduced the maintenance to Rs.30,000/- per child per month---Validity---Fixing quantum of maintenance always required striking a balance between needs of minors and earnings of a father as well as his other sources---Award in favour of minors should not be incompatible or inconsistent with financial conditions of father or the one who was held to be obliged by law to take care of children---Trial Court was to consider education, medical, food expenses and other day to day needs of minors on one hand and on the other hand, Courts were required to determine financial status of father---Lower Appellate Court did not maintain requisite equilibrium while fixing quantum of maintenance for the minors and several parts of evidence were unduly ignored---Status of parties and available sources were overlooked by Lower Appellate Court---High Court set aside maintenance fixed by Lower Appellate Court and restored that of Trial Court, with 10% annual increase---Constitutional petition was allowed in circumstances. Citation Name: 2024 CLC 141 LAHORE-HIGH-COURT-LAHORE AYESHA HASHMAT KAMAL VS ADDITIONAL DISTRICT JUDGE Maintenance of minor children---Grandfather, responsibility of---Principle---Where grandfather is affluent, then obligation to maintain children lies on him but only when father is poor, infirm and incapable of earning by his own labour and mother is also poor.

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