LAHORE: The Lahore High Court (LHC) dismissed a petition of one Muhammad Riaz and observed that a father is bound to maintain his daughter till her marriage and this monetary obligation cannot be shifted to a mother.
The court upheld the decision of an appellant court and observed that Rs one lac grant fixed by the appellate court for marriage of his daughter does not seem to be excessive as compared to the financial status of the petitioner. The court held that these findings do not require any indulgence by this court in its constitutional jurisdiction.
The court observed that refusal of the petitioner to pay the marriage expenses of his daughter is tantamount to penalize her due to the reason that she has been living with her mother who has been divorced by him.
The court observed a father is not only bound to maintain his daughter by providing financial support for her food, clothes, lodging, education, health, etc., till her marriage but also responsible to bear the expenses incurred on her marriage according to his financial status.
The court further observed when a woman attained puberty/ majority, she needs the help and assistance of her father to formally enter matrimony. The father must function as guardian on her behalf in marriage to enable his daughter into the contract of marriage.
The court held that the Constitution provides protection to the mother and child; hence, the maintenance paid by a father to his child is not a courtesy rather a religious, legal, moral and social duty of father which cannot be put aside on frail grounds.
Under the Muslim Family Laws Ordinance, 1961, legal remedy is provided to the mother/ grandmother of the child in terms of raising the said grievance if a father fails to maintain his child, the court concluded.
Copyright Business Recorder, 2022
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