SHAFQAT ALI vs Mst. RIFFAT NAZIR and others 2009 MLD 1403
—-art. 199–constitutional petition–maintenance–suit for maintenance decreed in favour of wife for the period from the institution of the suit till the expiry of period of `iddat’ after the divorce pronounced by the petitioner–challenged through writ petition–question of maintainability–held: only dispute she had with the petitioner was for a separate and independent residence thereafter she stated that she was not prepared to put up with the petitioner even if he gave her reasonable maintenance–it was an admitted fact that the petitioner was the only son of his parents who were dependent upon him–in these circumstances the demand of the respondent asking the petitioner to give up his residence from the house of his parents was not reasonable–the parents of the petitioner also have a right of their living with their son and to have maintenance from him–throwing away the old parents in solitude and in economic or social helplessness is not justifiable by any standards of morality, social ethics and even the law–the demand of the respondent was, therefore, had disentitled her from receiving maintenance allowance from him–writ petition allowed.
1 Comment
Gull Hassan Khan
05/05/2016
SHAFQAT ALI vs Mst. RIFFAT NAZIR and others
2009 MLD 1403
—-art. 199–constitutional petition–maintenance–suit for maintenance decreed in favour of wife for the period from the institution of the suit till the expiry of period of `iddat’ after the divorce pronounced by the petitioner–challenged through writ petition–question of maintainability–held: only dispute she had with the petitioner was for a separate and independent residence thereafter she stated that she was not prepared to put up with the petitioner even if he gave her reasonable maintenance–it was an admitted fact that the petitioner was the only son of his parents who were dependent upon him–in these circumstances the demand of the respondent asking the petitioner to give up his residence from the house of his parents was not reasonable–the parents of the petitioner also have a right of their living with their son and to have maintenance from him–throwing away the old parents in solitude and in economic or social helplessness is not justifiable by any standards of morality, social ethics and even the law–the demand of the respondent was, therefore, had disentitled her from receiving maintenance allowance from him–writ petition allowed.
Write a comment: