Just ends do not justify unjust means. A decree for maintenance passed against the father of a child cannot be executed against the grandfather except in accordance with law: SC
The Supreme Court has settled a very significant issue in its recent judgment. A grandfather of a child filed a petition in the SC against the judgment of the Lahore High Court, wherein he prayed that the decree has passed against his son, the father of the child, but his property was attached for execution of the same as the father of his grandchild did not show up in the court despite issuance of warrants.
The Court ruled that just ends do not justify unjust means to get something done. Any thing which is legally right to be done but it is done in an illegal manner, becomes illegal by getting it done through illegal means. The grandfather of a child is responsible for maintenance of his grandchild in case the father is poor and the grandfather is financially sound to bring up the grandchild. But, to determine whether a grandfather is financially sound and the father of the child is poor is a question of fact, which can only be proved by following the law and procedure. One cannot be vexed for an act of another person.
In the case at hand, the grandfather was not provided with his right to fair trial and right to defense, but he was burdened with an obligation to maintain his grandchild while the suit was instituted against the father of the child, not the grandfather. The Court ruled that no doubt that the grandfather if also liable to maintain his grandchild in case the father is legally incapacitated to maintain him, but the grandfather cannot be made liable on the basis of an order passed against the father of the child. A separate suit for maintenance has to be filed against the grandfather by the grandchild in order to burden the grandfather to maintain the grandchild.
The Court allowed the CPLA, set aside the judgments of the lower foras, and said that the child may institute a new suit against his grandfather, the petitioner, for maintenance, in case his father in unable to provide maintenance.