LHC upholds grandchildren's maintenance rights

Clarifies legal position on family financial responsibility

LAHORE:

The Lahore High Court (LHC) has ruled that orphaned grandchildren do not lose their right to maintenance from their grandfather's estate after his death, clarifying the legal position on family financial responsibility.

In a four-page written judgment, Justice Asim Hafeez held that the obligation to provide maintenance to children is not limited to the father alone and does not automatically end with the grandfather's death.

The judgment was issued on a petition filed by the children's uncle, Muhammad Saeed, who had argued that the responsibility for the children's expenses could not be placed on him.

The heir maintained that the deceased grandfather had been a well-off individual who had personally borne the children's expenses during his lifetime.

The court observed that the grandfather had acknowledged his responsibility by paying interim maintenance to the children under a court order during his lifetime. It further noted that the determination of maintenance would depend on the circumstances of each case.

The LHC emphasised that the scope of children's maintenance under the Family Courts Act cannot be restricted. It set aside the trial court's decision and sent the case for fresh adjudication, directing the trial court to record additional evidence.