AMNA FAYYAZ vs ADDITIONAL DISTRICT JUDGE (WEST) ISLAMABAD S — 2026 CLC 673 ISLAMABAD

Case information

Citation: 2026 CLC 673 ISLAMABAD
Court: Islamabad High Court
Year: 2026
Reporter: CLC
Parties: AMNA FAYYAZ vs ADDITIONAL DISTRICT JUDGE (WEST) ISLAMABAD S
Subject matter: Civil
Provisions referred to: S. 5; Civil Procedure Code (V of 1908)

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

AMNA FAYYAZ VS ADDITIONAL DISTRICT JUDGE (WEST) ISLAMABAD S.5, Sched.---Civil Procedure Code (V of 1908), O.I, R.10(2)---Suit for recovery of maintenance allowance of minor children---Decree for maintenance passed against father---Father's incapability to satisfy the decree---Execution of decree against paternal grandfather---Grandfather not being a party in the suit---Effect---Whether a decree passed against a father can be executed against grandfather?---Impleadment of grandfather in the suit---Scope---A decree for maintenance passed against a father of a child cannot be executed against the grandfather, and the child has to institute asuit for maintenance against his grandfather, in case there is no property of his father---The reason being that the grandfather was neither a party to the suit instituted by his grandchild against his father nor was any decree passed against him---A decree that was not passed against the grandfather cannot be executed against him or his property---If a decree of maintenance is passed against father and he fails to pay the maintenance, then it will be necessary to ultimately implead paternal grandfather as a party and file afresh suit for maintenance, which would result in unnecessary complications and delays, ultimately causing hardship to the minors---In such circumstances, the paternal grandfather can be impleaded as a defendant in the suit being a necessary and proper party.

Other judgments reported in 2026 CLC

2026 CLC 673 ISLAMABADAMNA FAYYAZ VS ADDITIONAL DISTRICT JUDGE (WEST) ISLAMABAD S.5, Sched.---Civil Procedure Code (V of 1908), O.I, R.10(2)---Suit for recovery o…
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