Time When Child and Wife File Maintenance Case:
If you wish to know the time when wife file maintenance case or case of maintenance of child in Pakistan, you may contact Jamila Law Associates. Family Court is vested with jurisdiction and discretion to permit him to produce the said document when wife file maintenance case or case of maintenance of child in Pakistan. The specific issue was frame by Family Court.
Evidence of the petitioner not closed. The document being relevant is permitted to be produced in the interest of justice. Before allowing the application for additional evidence, some jurisdiction should be available to discover some new facts or evidence after the Court’s decision below and what prevented the applicant from producing proposed evidence at the appropriate time when wife file maintenance case or case of maintenance of child in Pakistan. The question before the High Court was whether husband adopted father was compelled to pay maintenance allowance for minors who the parents had adopted during the time of their marriage.
Adoption in Islam:
Held that per the concept of adoption in Islam, the wife could not claim maintenance from the husband for the minor. Who had no rain relationship with the adoptive mother, however from the angle of the concept of constructive guardianship”, the petitioner adoptive mother was entitled to claim maintenance allowance for such adopted minor. High Court observed that if adoptive parents voluntarily undertake, before the public at large, to perform the noble task of taking care of minor, by doing as they not only create a relationship of trust with the minor but also assumed the role and status of “constructive guardian” of a minor when wife file maintenance case or case of maintenance of child in Pakistan.
Maintenance of Child in Pakistan:
Trust and constructive guardianship also created a fiduciary obligation/ relation between the adopted parents and the minor when wife file maintenance case or case of maintenance of child in Pakistan. A fiduciary was a person’s position of trust or occupying a position of power and confidence concerning another. He was obliged by various rules of law to act solely in the interest of the other, whose rights he had to protect. The doctrine of constructive guardianship” has been a part of the law of Guardians and Wards for a long time.
Guardian & Enters:
Such a situation arose where one assumes to act as a guardian or enters upon an infant’s estate, who had not been regularly appointed as guardian, resulting from a voluntary assumption of the duties, avoid appointment by a court when wife file maintenance case or case of maintenance of child in Pakistan. Without jurisdiction, or acts performed by one who was by himself and other parties concerned, considered by accommodation guardian.” Recognition of the need for protection of infant/ minor resulted in giving such a minor an election to treat such a person as a wrongdoer guardian.
In the latter case, it established a relation similar to that of trustee and cesti queue trust, and the guardian de son tort may be compelled to account as a guardian. In the present case, the minor was adopted by the parents. It remained with the adoptive parents for a considerable period when wife file maintenance case or case of maintenance of child in Pakistan.