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Judgments on O.XXXII, Code of Civil Procedure 1908
Pakistani court judgments that consider O.XXXII, Code of Civil Procedure 1908, summarised in plain English, newest first. Each gives the issue, what the court held and what it means in practice, and is reviewed by an advocate.
1 judgment
Parents cannot bargain away a child’s independent right to maintenance
Mst. Shazia Naureen, etc. v. District Judge, etc.
Issue: Can a mother, as guardian, agree to reduced maintenance for her children, and can a Family Court fix the children's maintenance solely…
Held: No to both. A child's right to maintenance belongs to the child, not the parent; a guardian cannot waive, reduce or surrender it, and any agreement doing so is void against the minor. A compromise on a minor's behalf needs…
Art. 199, Constitution of Pakistan 1973O.XXXII, Code of Civil Procedure 1908s.17, Family Courts Act 1964