Disabled child having attained age of majority—Maintenance by father–Review By Family Court

P L D 2017 Lahore 787

Disabled child having attained age of majority—Maintenance by father—Scope—Executing Court while deciding objection by father dropped execution proceedings regarding maintenance allowance of said child—Appellate Court maintained order of Executing Court—Review by executing Court/Family Court— Scope—Disabled child/son had contended that though he had attained majority but, being blind he could not earn his livelihood, so his father was duty bound to maintain him—Validity—Held, although in normal course father was under obligation to maintain his child till attaining the age of majority, however, there was an exception to such rule and that was the disability of a child by infirmity or disease—Disabled son had taken stance that he had lost vision from both eyes and was not in a position to maintain himself—Appellate Court had observed that it was duty of the disabled person to get himself medically examined first and then move the Court—Disability Certificate issued by Social Welfare Department had been produced before the High Court which revealed that the disabled son suffered from diminished vision from both the eyes—Family Court being a quasi-judicial forum could regulate its own procedure, the only exception being that it must not be in contravention to any settled principle of law and caused injustice to the parties—Family/Executing Court was fully equipped with powers to review its order—High Court set aside impugned order and judgment—

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