In a significant judgment, the Supreme Court of Pakistan, Bench-II, comprising Mr. Justice Syed Mansoor Ali Shah, Mr. Justice Syed Hasan Azhar Rizvi, and Mr. Justice Irfan Saadat Khan, addressed the fundamental principle that doing what is right must align with the correct legal procedures.
The case involved Bashir Ahmad, challenging an order by the Lahore High Court in a maintenance matter initiated by his grandson. The lower courts, in their haste to secure child maintenance, bypassed due process, leading to prolonged and unnecessary litigation.
The Court emphasized that matters concerning life, liberty, and property must adhere to legal procedures and due process. The judgment highlighted the obligation of a grandfather to provide maintenance under Islamic law but clarified that due process must be followed, and the grounds of defense should be presented in a properly instituted suit.
The verdict clarified that a maintenance decree against the father cannot be executed against the grandfather directly. Instead, the child must file a separate suit for maintenance against the grandfather, ensuring a fair trial and due process. The Court declared the earlier orders against Bashir Ahmad’s property illegal and of no legal effect, emphasizing the importance of upholding constitutional rights.
This judgment reiterates the significance of fair legal proceedings in matters affecting individuals’ life, liberty, and property, setting a precedent for due process in maintenance cases.
