ISLAMABAD – The Supreme Court of Pakistan has raised important questions regarding family disputes during the hearing of a case involving a father, his son, and daughter.
The case revolves around the father’s second marriage and a subsequent conflict with his children, who allege they were being forced to leave the family home.
A three-member bench, led by Justice Hashim Kakar, heard the case in which the lawyer representing the children argued that their father had remarried and was now attempting to evict them from their home.
The property in question is registered under the father’s name, and the children claim that after his second marriage, the father left the house, leaving them with no choice but to fend for themselves.
Justice Kakar, addressing the lawyer’s argument, remarked, “Getting remarried is not a sin”.
Justice Ishtiaq Ibrahim further inquired, “How can a son expel his father from the house? The property is in the father’s name, and he is entitled to dispose of it as he sees fit, even if he decides to donate it to charity.” He also suggested that this was a family issue that could be resolved through reconciliation.
The lawyer for the children explained that the father was not willing to settle the matter amicably. He further stated that the father had accused the daughter of physical violence, claiming she had spat at him and attacked him.
Justice Kakar, expressing disbelief, remarked, “She is his daughter, not some violent person like Phoolan Devi”.
Justice Ibrahim also noted that the children must have angered their father significantly to have caused such a serious rift.
Justice Salahuddin Panhwar pointed out that while this could potentially be a case of domestic violence, it did not appear to involve illegal occupation of property.
He urged the parties involved to resolve the issue peacefully and avoid further escalation.
After hearing the arguments from both sides, the court reserved its judgment and will announce a decision after careful consideration.