Lahore: Lahore High Court (LHC) has maintained that the stance of 6 years limit on demand of Nan-Nafqa is not acceptable and this right is fully protected legally.
Justice Sultan Ahmad of LHC has declared 8-page issued decision as judicial precedent.
The court made it clear in the decision that Nan-Nafqa right is of basic nature right. This cannot be limited merely on the basis of period.
The court while declaring the decisions of family court and appellate court in order upheld the payment of outstanding 12 years nan nafqa maintaining payment of Nan Nafqa cannot be denied despite calling the wife back.
Under the principle of estoppel no side can deviate from its previous stance while in specific situation the applicability of limit of legal period is not compulsory .
The court also said in its decision that admission by the husband regarding separation has been accepted as important evidence.
The claim filed by the husband regarding marital life proved weak legally and his stance remained no more acceptable.
The court while upholding payment of outstanding 12 years nan nafqa dismissed the appeal by the husband Haq Nawaz besides restoring the degree issued in regard to nan nafqa of wife.
According to judicial record the wife remained deprived of nan nafqa si nce 2012.