The father of the child should be a poor person, the grandfather should be a person who is financially better off, Supreme Court. Photo: File
Islamabad: The Supreme Court has laid down two conditions for children claiming maintenance from their grandfather.
The 4-page written order by Justice Syed Mansoor stated that the child’s father must be a poor person who does not have the financial resources to take care of the child and the child’s grandfather must be a person who can financially support the child. But be better.
A three-judge bench headed by Justice Mansoor, on the question of whether a non-maintenance order against the child’s father can be enforced against the grandfather or whether the child has to file a maintenance case against the grandfather, held that if he If none of these conditions are fulfilled, then the grandfather has no obligation to support his grandson.
In any such claim of guardianship by the grandson, these two conditions are the basis of the defense of the grandfather and the grandson has to prove both of these conditions while giving the grandfather an opportunity to defend himself by denying either of these two facts. What should be done? It is a requirement of the fundamental right guaranteed in Article 10A of the Constitution of Pakistan that a citizen shall be entitled to a fair trial.
According to Islamic laws, if the child’s father is dead or the father is poor and does not have the financial resources to take care of his child, the responsibility of taking care of such a child is entrusted to his grandfather, provided that he is financially able. But he will have good conditions.
The Supreme Court granted the request of the petitioner declaring the orders of the subordinate court illegal in the case of non-maintenance and allowed the transfer of his property.
The Court held that in the present case the petitioner (grandfather) was neither a party to the suit filed by his grandson against his father nor was any decree passed against him. If the Family Court is satisfied that the two conditions which make the grandfather liable to provide maintenance to his minor grandchild are prima facie satisfied, it may make an appropriate order for filing the claim against the grandfather.
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