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QUDRAT ULLAH vs ADDITIONAL DISTRICT JUDGE, RENALA KHURD DISTRICT OKARA Word 'includes' appearing in a statute — 2024 PLD 581 SUPREME-COURT

Case information

Citation
2024 PLD 581 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
PLD
Parties
QUDRAT ULLAH vs ADDITIONAL DISTRICT JUDGE, RENALA KHURD DISTRICT OKARA Word 'includes' appearing in a statute
Subject matter
Family
Provisions referred to
S. 5; S. 9---U; Muslim Family Laws Ordinance (VIII of 1961)

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

QUDRAT ULLAH VS ADDITIONAL DISTRICT JUDGE, RENALA KHURD DISTRICT OKARA Word 'includes' appearing in a statute---Scope---Word "includes" is generally used in interpretation clauses in order to enlarge the meaning of words or phrases, occurring in the body of the Statute; and when it is so used those words or phrases must be construed as comprehending, not only such things as they signify according to their natural import, but also those things which the interpretation clause declares that they shall include. Citation Name: 2024 PLD 581 SUPREME-COURTBookmark this Case QUDRAT ULLAH VS ADDITIONAL DISTRICT JUDGE, RENALA KHURD DISTRICT OKARA S.5 & Sched.---Muslim Family Laws Ordinance (VIII of 1961), S. 9---United Nations Convention on the Rights of the Child (UNCRC), Arts. 3(1) & 27(4)---Maintenance for daughter---Scope---Educational expenses---Maintenance includes necessary expenses for mental and physical well-being of a minor---Educational expenses are included within the concept of maintenance of a child--- In the present case admittedly, respondent was the unmarried daughter of the petitioner (father), and she was studying in a University, thus, in order to meet her educational expenses, she required a sufficient amount---In the Trial as well Appellate court the mother had sufficiently established, with cogent evidence, that besides receiving pension, the petitioner (father) had other sufficient sources of income---Thus, he had the ability to pay her educational expenses---Although petitioner (father) was not bound to provide the maintenance for education at higher levels ad infinitum however, he was duty bound to provide maintenance to his daughter till she completed her graduation studies and gained an employment to support herself---Before enhancing the maintenance amount, the Appellate Court duly undertook expenses analysis and concluded that sum of Rs. 25,000/- per month was required to ensure the continuation of the studies of the respondent (daughter)---Therefore, the amount of maintenance so granted was neither excessive nor unjustified---Petition was dismissed and leave was refused.

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