Daughter Marriage expense Father’s Responsibility: Lahore High Court’s Ruling on Maintenance and Marriage Expenses of an Unmarried Daughter
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Father’s Responsibility: Lahore High Court’s Ruling on Maintenance and Marriage Expenses of an Unmarried Daughter |
باپ کی ذمہ داری: غیر شادی شدہ بیٹی کے نفقہ اور شادی کے اخراجات پر لاہور ہائی کورٹ کا فیصلہ
نفقہ کی قانونی و شرعی تعریف
عدالتی فیصلہ اور اس کے اثرات
2. ماں پر بوجھ نہیں ڈالا جا سکتا:
Must read judgement
Citation Name : 2023 PLD 317 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD RIAZ AHMAD
Side Opponent : Mst. SHAHEEN AKHTAR
S. 9---maintenance ---Definition---Marriage expenses of unmarried daughter---Word 'maintenance ' was derived from Arabic word 'Nafaq' which means 'to spend' and in literal sense, the word 'nafaqah' means what a person spends on his family---It is an inclusive explanation of the concept, not exhaustive and is only indicative in nature---Other liabilities are also included within the sweep of the concept of maintenance i.e. medical expenses, education expenses etc.---Right of maintenance does not limit itself only to food, raiment and lodging but also entails all the other necessary expenses for the mental and physical wellbeing of the recipient---maintenance paid by a father to his child is not a courtesy rather a religious, legal, moral and social duty which cannot be put aside on frail grounds, therefore, it would be absolutely safe to include marriage expenses also within the sweep of the concept of maintenance of an adult unmarried daughter---Responsibility of the Muslim father was to act as guardian of his unmarried daughter---Even when a woman has attained puberty/majority she needs the help and assistance of her father to formally enter matrimony---Father must function as guardian on her behalf in such marriage to enable his daughter into the contract of marriage---Paramount responsibility of the father as guardian at the time of marriage of his daughter must necessarily bring with it the corresponding obligation to ensure that all necessary expenses in connection with the marriage were met by him---Father has the indisputable obligation to maintain his unmarried daughter and he has the obligation to ensure that the unmarried daughter under his charge is given away in marriage properly, as such the legal obligation to meet the reasonable marriage expenses of his daughter, is part of his obligation to pay maintenance to her---Admittedly, a father is bound to maintain his daughter till her marriage but such burden of 'maintenance '/monetary obligation cannot be shifted to a mother, who does not figure , anywhere in the compulsion to provide 'maintenance ' to the children; this will not only financially burden the mother to bear the marriage expenses of her daughter but also will be against the legal norms