MUHAMMAD IRFAN vs ADDITIONAL DISTRICT JUDGE, FEROZWALA, DISTRICT SHEIKHUPURA S — 2025 PLD 367 SUPREME-COURT

Case information

Citation: 2025 PLD 367 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: PLD
Parties: MUHAMMAD IRFAN vs ADDITIONAL DISTRICT JUDGE, FEROZWALA, DISTRICT SHEIKHUPURA S
Subject matter: Family
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

MUHAMMAD IRFAN VS ADDITIONAL DISTRICT JUDGE, FEROZWALA, DISTRICT SHEIKHUPURA S. 5, Sched.---Maintenance allowance---Scope---Medical treatment---Petitioner/father of minor contended that law did not identify "medical treatment" under the head of maintenance---Validity---Word 'maintenance' in the context of Muslim family laws, as far as wife and children are concerned, is inclusive of many heads not explained but is not exhaustive---Maintenance cannot be limited by cap and has to be looked into with reference to each case---If medical treatment either for a wife or minor does not fall within the definition of maintenance, then no husband would take either his wife or children for medical treatment and those dependents (under the law) would then be deprived of such maintenance allowance---Maintenance in such context has a wide definition and is inclusive of every possible action for the wellbeing of children and wife, but within means---Medical treatment cannot be scrapped from definition of maintenance and cannot be disregarded as one of the components to be considered as part of maintenance---Supreme Court declined to interfere in the judgment passed by High Court---Petition for leave to appeal was dismissed and leave to appeal was refused.

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