Family Law Maintenance allowance—Grandfather liability of

PLD 2016 Lah. 622

Maintenance allowance—Grandfather liability of—Execution petition—Procedure—Execution of a decree against a person who was not party to the suit—Scope—Minors filed suit for maintenance allowance against their father which was decreed—Judgment debtor (father) was sent to civil prison till the satisfaction of decree and property belonging to the grandfather was ordered to be attached—Contention of grandfather was that he was not party to the suit and decree could not be executed against him—Validity—Liability of grandfather to maintain his grandchildren would start when father was poor and infirm and mother was also not in a position to provide maintenance to her children—Such liability of grandfather was dependent upon the fact that he was in easy circumstances—If father and mother were alive then grandfather could not be held responsible for maintenance of his grandchildren unless it was first determined that he was in easy circumstances.

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