Table of Contents
- Background of the Case
- Petitioner’s Claim
- Role of the Oaths Act
- Execution Proceedings
- Previous Custody Proceedings
- Court’s Findings
- Legal Duty of a Father
- Final Verdict
- About Muhammad Amin Advocate
1. Background of the Case
Ali Akbar filed a constitutional petition. He wanted the court to discharge him from paying maintenance for two girls, Faiza and Nida. He claimed they were not his daughters.
2. Petitioner’s Claim
The petitioner refused to acknowledge Faiza and Nida as his daughters. He raised this claim for the first time during the execution of a maintenance decree. This decree had already attained finality.
3. Role of the Oaths Act
The mother, Mst. Naseem, filed an application under Section 9 of the Oaths Act. She said she would withdraw her maintenance claim if the father denied parentage on oath. The court allowed her application. The father took an oath, but his statement was unclear and contradictory.
4. Execution Proceedings
The Family Court rejected the petitioner’s request. It directed him to follow the decree. The appellate court also returned his appeal for lack of jurisdiction. He then filed this constitutional petition.
5. Previous Custody Proceedings
The petitioner had earlier filed for custody under Section 25 of the Guardians and Wards Act. He included Faiza and Nida in that application. The court rejected his custody request but allowed monthly meetings. Now, the same petitioner denied the girls as his daughters.
6. Court’s Findings
The court called his conduct contradictory and irresponsible. He had earlier sought custody of the girls. Later, he claimed they were not his children. The court said this was just a tactic to avoid his legal duty.
7. Legal Duty of a Father
The court explained the meaning of “maintenance.” It includes food, clothing, and shelter. This duty is not optional. A father must provide for his children, even if they live with their mother. Maintenance is not a favor. It is a legal and Islamic obligation.
8. Final Verdict
The court found no legal error in the decisions of the lower courts. It said the petition was only meant to delay the enforcement of rights. The petition was dismissed in limine.
9. About Muhammad Amin Advocate
Muhammad Amin Advocate is a highly experienced family and civil law expert based in Peshawar. He offers online and in-person legal services, including:
- Child custody and maintenance disputes
- Family court representation
- Legal drafting and advice
- Company and firm registration
Office: Office No. 14, Zeb Plaza, University Road, Tahkal Payan, Peshawar
Phone: 0313 9708019
You can contact him for reliable legal help in family and civil matters across Pakistan and internationally.