2006 PLP 1708 (YLR)
ATTA MUHAMMAD — Petitioner Versus Mst. SHAHNAZ KHATOON and 6 others — Respondents
| Citation | 2006 PLP 1708 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Khalid Alvi, J |
| Parties | ATTA MUHAMMAD — Petitioner Versus Mst. SHAHNAZ KHATOON and 6 others — Respondents |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2006 PLP 1708 (YLR)?
This judgment primarily cites: West Pakistan Family Courts Act (XXXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1708 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Khalid Alvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1708 (YLR) (ATTA MUHAMMAD — Petitioner Versus Mst. SHAHNAZ KHATOON and 6 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Amir Khan Niazi for Petitioner.
- Date of hearing: 20th July, 2005.
- MUHAMMAD KHALID ALVI, J.---Brief facts of the case are that respondents Nos.l to 7 filed a suit for maintenance against the petitioner. Respondent No.l is the wife while respondents Nos.2 to 7 are the minor children of the petitioner. Vide order dated 12-2-2004 petitioner was directed to deposit a sum of Rs.300 per child as interim maintenance. No amount whatsoever was deposited by the petitioner, therefore, on 29-7-2004 the learned trial Court again directed him to make payment and the matter was adjourned to 22-9-2004. Still nothing was paid and the case was adjourned to 16-10-2004. On the said date neither any amount was proved to have been paid nor the petitioner nor his learned counsel turned up before the Court, therefore, the learned trial Court proceeded to close the defence of the petitioner and decreed the suit at a rate of Rs.1,000 per month per child and Rs.2,000 per month for respondent No.1 wife. The same was assailed by the petitioner through an appeal which also stands dismissed vide judgment and decree dated 27-11-2004. Both these judgments and decrees are being assailed through the instant constitutional petition.
Headnotes / Summary
S. 5, Sched. & S.17A
Constitution of Pakistan (1973), Art.199
Constitutional petition
Petitioner, for the first time was directed to pay a meagre amount of interim maintenance i.e. Rs.300 per head per month, but petitioner having failed to pay the same, right of his defence was closed
Family Court could pass an order for payment of interim maintenance during pendency of a suit and failure to comply with such order necessarily would entail penal action of closing right of defence
No interference was called for in the order of the Family Court, constitutional petition having no merit was dismissed, in circumstances.
Judgment & Decree
MUHAMMAD KHALID ALVI, J.
Brief facts of the case are that respondents Nos.l to 7 filed a suit for maintenance against the petitioner. Respondent No.l is the wife while respondents Nos.2 to 7 are the minor children of the petitioner. Vide order dated 12-2-2004 petitioner was directed to deposit a sum of Rs.300 per child as interim maintenance. No amount whatsoever was deposited by the petitioner, therefore, on 29-7-2004 the learned trial Court again directed him to make payment and the matter was adjourned to 22-9-2004. Still nothing was paid and the case was adjourned to 16-10-2004. On the said date neither any amount was proved to have been paid nor the petitioner nor his learned counsel turned up before the Court, therefore, the learned trial Court proceeded to close the defence of the petitioner and decreed the suit at a rate of Rs.1,000 per month per child and Rs.2,000 per month for respondent No.1 wife. The same was assailed by the petitioner through an appeal which also stands dismissed vide judgment and decree dated 27-11-2004. Both these judgments and decrees are being assailed through the instant constitutional petition.
2. It is contended by the learned counsel for the petitioner that petitioner is a poor retired Army soldier and was not in a position to pay the amount directed by the learned trial Court; that some land was also purchased by the petitioner in the name of the minor children, therefore, he was left with no finances to honour the order of the Court.
3. I have considered the arguments of the learned counsel for the petitioner.
4. The Family Court can pass an order for payment of interim maintenance during the pendency of a suit. Failure to comply with such order necessarily entails penal action of closing right of defence. No infirmity or illegality could be pointed out by the learned counsel for the petitioner in the impugned orders. The petitioner for the first time was directed on 12-2-2004 to pay a meagre amount of interim maintenance i.e. Rs.300 per head per month and the petitioner did not deposit even a single penny till 16-10-2004 when his right of defence was closed. In the circumstances no interference is called for, this petition has no merit and is accordingly dismissed. H.B.T./A-72/L???????????????????????????????????????????????????????????? ??????????????????????? Petition dismissed.