The Supreme Court of Pakistan held that a grandfather may be required to maintain his grandchild when the child's father is poor and has no financial resources, provided the grandfather is financially capable of providing maintenance.
Supreme Court Decision on Grandchild Maintenance
On 3 November 2023, the Supreme Court of Pakistan decided the case of Bashir Ahmad versus Additional District Judge, Hafizabad and others. The case concerned a claim for maintenance of a child from the child's grandfather.
The Supreme Court examined the circumstances in which the obligation to maintain a grandchild can pass from the child's father to the paternal grandfather under the Family Courts Act, 1964.
- The judgment was decided on 3 November 2023.
- The case was Bashir Ahmad v. Additional District Judge, Hafizabad and others.
- The case is reported as PLD 2024 SC 67.
- The matter concerned maintenance of a child.
- The Supreme Court examined the legal obligation of a grandfather.
When Can a Grandfather Be Responsible for Maintenance?
The Supreme Court held that the obligation of a grandfather to maintain his grandchild is subject to specific conditions. The child's father must either have died or be a poor person without sufficient financial resources to maintain the child.
The grandfather must also be financially capable of providing maintenance. Both of these conditions are relevant when determining whether a maintenance claim can properly be made against the grandfather.
- The child's father must be unable to provide maintenance because of poverty or lack of financial resources.
- The grandfather must be financially capable of maintaining the child.
- Both conditions are relevant to a claim against the grandfather.
- A grandfather can defend the claim by disputing either condition.
- The child's maintenance remains the central issue before the Family Court.
Burden of Establishing the Conditions
The Supreme Court explained that a child claiming maintenance from the grandfather must establish the circumstances that create the grandfather's obligation. The grandfather must also be given an opportunity to rebut the claim by showing that the required conditions do not exist.
The Court therefore clarified that a maintenance obligation does not automatically transfer to the grandfather merely because the child's father is unable or unwilling to provide maintenance. The statutory conditions must be established.
- The relevant conditions must be established before maintenance can be claimed from the grandfather.
- The grandfather must have an opportunity to defend the claim.
- The financial position of the father is relevant.
- The financial position of the grandfather is also relevant.
- The Family Court must examine the circumstances of the individual case.
This article is general information about how things work in Pakistan, not legal advice. Procedure varies by province, forum and the facts of your matter.
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