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MAHNOOR SHABBIR vs ADDITIONAL DISTRICT JUDGE Maintenance — 2024 CLC 513 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 513 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
MAHNOOR SHABBIR vs ADDITIONAL DISTRICT JUDGE Maintenance
Subject matter
Civil
Provisions referred to
S. 337; S. 373

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

MAHNOOR SHABBIR VS ADDITIONAL DISTRICT JUDGE Maintenance---Poor distant relative---Paternal uncle, obligation of---Scope---Petitioner lady sought recovery of maintenance allowance against her grandfather and after his death she incorporated her uncle as defendant on the plea of poor distant relative---Trial Court decreed the suit against respondent / uncle in view of provision of S.337 of Muhammdan Law by D.F. Mullah---Lower Appellate Court set aside decree passed by Family Court---Validity---D.F. Mulla's Muhammadan Law was just a text book, which could be referred or relied upon by Courts like any other text book---It was neither a statute nor a custom or usage and opinion of author of the book was not binding---High Court declined to interfere in findings given by Lower Appellate Court as the same were factual and based on S.373 of Muhammdan Law, holding that conditions of the section of that text book were not met---Petitioner lady could not establish before Lower Appellate Court that she would get inheritance from the estate of respondent/uncle on his death---Lower Appellate Court also determined that petitioner lady could not prove herself to be poor distant relative---Reasons for claiming maintenance from grandfather in absence of father were on different premises whereas claim of maintenance from a relative under S. 373 of Muhammadan Law was under different principles of Islamic jurisprudence---If suit was filed to claim maintenance from grandfather after death of father, paternal uncle could not have been replaced as defendant in the shoes of grandfather---High Court declined to interfere in judgment and decree passed by Lower Appellate Court---Constitutional petition was dismissed, in circumstances.

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