Maintenance of minor

2024 PLD 67 SUPREME-COURT Judicial Precedent

S. 5 & Sched.Constitution of Pakistan, Arts. 4 & 10AMaintenance of minorGrandfather, obligation ofScopeDecree for maintenance of minor passed against the father of a child by the Family CourtSuch decree cannot be executed against the grandfather

Child has to institute a suit for maintenance against his grandfather, in case no property of his father, the judgment debtor, is found for the execution of the decree.

2018 SCMR 1991 SUPREME-COURT Judicial Precedent

S. 25Custody of minorsCompromise/agreement between parentsCustody with motherVisitation rights of fatherMaintenance of minors

Comprehensive plan for custody, visitation rights and maintenance of minors, and obligations of both parents issued by the Supreme Court listed.

2017 CLCN 104 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 13Maintenance of minorModification of decree of maintenanceFresh execution petitionNecessity

Father contended that appellate court had modified the decree of maintenance of his son, so existing execution petition had become infructuous

Family Court proceeded with existing execution petition

Father alleged that the maintenance amount was being illegally deducted being more than the direction of appellate court

Mother contended that so far past maintenance was being recovered which was not touched by the appellate court

Validity

Family Court was competent to award past maintenance of the minor

Petitioner who being father of the minor was duty bound to provide adequate maintenance to his child and in case of default he was also bound to pay past maintenance

Maintenance of a child was an obligation from which father could not escape morally and legally

Appellate court had clarified that order of the Trial Court was modified and there was no need to file a fresh execution application

Contention of father that after modification, the previous execution application had become infructuous, and a fresh execution application ought to be filed was not proper

Decree of appellate court merged into the decree of Trial Court and it was the decree of the appellate court that needed to be executed

Appellate court had only reduced the amount of future maintenance and the amount of past maintenance was not touched by the appellate court

Executing court was fully justified to take steps for recovery of past maintenance from the father

Constitutional petition was dismissed accordingly.