AZHAR IJAZ KHAWAJA vs ADDITIONAL DISTRICT JUDGE Ss — 2026 PLD 181 LAHORE-HIGH-COURT-LAHORE

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AZHAR IJAZ KHAWAJA VS ADDITIONAL DISTRICT JUDGE Ss.5, Sched., 12a, 17a & 21a---Dependent parent claiming maintenance from sons---Jurisdiction of family court---Scope---Competence to entertain and adjudicate parental maintenance claims---Striking off defence---Penal provision---Strict construction---Impermissibility in suits filed by parents---Briefly, respondent-mother instituted a suit before the family court seeking maintenance from her sons on the ground of dependency and lack of independent income---During pendency of the proceedings, the family court fixed interim maintenance and directed payment by the 14th of each month---Upon alleged non-payment, the family court struck off the defence under S.17-a of the Family Courts act, 1964 while decreeing the suit and initiating coercive proceedings---The appeal against said orders was dismissed by the district court leading to the filing of the constitutional petition---Pivotal questions requiring determination before the High Court were as to "whether a parent could institute a suit for maintenance against children before the family court"?; and, "whether S.17a of the Family Courts act, 1964 was applicable to maintenance claims filed by parents"?---Held: Claim of maintenance by dependent parents against their sons, being a family dispute rooted in familial obligations, squarely fell within the domain of "family affairs" and was, therefore, well within the jurisdiction of the family court---as statutory provisions did not expressly define the nature of relationship between the person claiming maintenance and the party against whom maintenance was sought; principles of Islamic law which were the primary source governing family relations had to be applied---Under Islamic jurisprudence, the obligation of sons to maintain their dependent parents squarely fell within the scope of maintenance---Family Court possessed jurisdiction to decide all ancillary issues necessary for complete and effective adjudication of disputes within its domain---The 'Schedule' to the Family Courts act, 1964 was inclusive and had to be interpreted purposively to advance the true spirit and objective of the statute---a mother or father, if left dependent and without means, could competently invoke jurisdiction of the family court to seek maintenance from their sons---Section 17-a was not attracted to the present dispute wherein a mother had sought maintenance from her sons---However, the authority to pass a final decree for maintenance inherently included the power to grant interim relief pendente lite as an ancillary or necessary measure to prevent destitution during litigation, therefore, the family court was fully empowered to fix and direct the payment of interim maintenance during the pendency of a suit filed by any parent and enforce such judicial orders---Impugned orders of the courts below were set aside and the matter was remanded to the family court to decide the same afresh---Constitutional petition was allowed, in circumstances.

AZHAR IJAZ KHAWAJA vs ADDITIONAL DISTRICT JUDGE Ss — 2026 PLD 181 LAHORE-HIGH-COURT-LAHORE

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