Lahore: Lahore High Court (LHC) has remarked the right to maintenance of orphaned grand sons out of their grand father property does not end after his death and responsibility of Nan and Nafqa of children is not limited to only father.
The court remarked the grand father had acknowledged his responsibility by paying interim expenses to the children under the order of the court . The decision regarding Nan and Nafqa will be made according to situation.
The decision further said the scope of maintenance of children cannot be limited under family act.
The court while nullifying the decision of trial court sent the case to trial court for fresh hearing.
The LHC remarked trial court should decide afresh after obtaining more evidences.
The court remarked transfer of property of the grand father and determinaiton of responsibilities of legal heirs afresh is essential.
Justice Asim Hafiz of LHC released the decision.
The written decision of court contains 4 pages.
The court announced the decision of petition filed by Muhammad Saeed who is uncle of the children. The petitioner is uncle of the children and the responsibility of maintenance of these children cannot be shifted to him.
The legal heirs were of the opinion grand father of children was a rich person who had afforded the expenses of the children in his life.