2017 PLP 1843 (SCMR)
FAMIA IJAZ and 2 others — Petitioners Versus IJAZ HAMEED and 2 others — Respondents
| Citation | 2017 PLP 1843 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Azmat Saeed and Sardar Tariq Masood, JJ |
| Parties | FAMIA IJAZ and 2 others — Petitioners Versus IJAZ HAMEED and 2 others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2017 PLP 1843 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 1843 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Azmat Saeed and Sardar Tariq Masood, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 1843 (SCMR) (FAMIA IJAZ and 2 others — Petitioners Versus IJAZ HAMEED and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Alamgir, Advocate Supreme Court for Petitioners.
- Ch. Muhammad Siddique, Advocate Supreme Court and Ms. Tasneem Ameen, Advocate-on-Record for Respondent No.1.
Headnotes / Summary
(On appeal from the order dated 25.3.2015 of the Lahore High Court, Lahore passed in W.P. No. 28680 of 2012)
O. IX, R.13
Family Courts Act (XXXV of 1964), S. 17-A
Constitution of Pakistan, Art. 199
Constitutional petition before High Court
Ex parte decree and judgment against father in respect of maintenance allowance for children
Application filed by father for setting aside ex parte judgment and decree
During pendency of said application, the father filed a constitutional petition in the High Court seeking to stay and set aside the execution proceedings pursuant to the ex parte judgment and decree
High Court could not exercise its constitutional jurisdiction, more particularly, when no order at that point of time had been passed on the application seeking setting aside the ex parte judgment and decree
Constitutional petition filed by the father before High Court was held to be incompetent.
Judgment & Decree
SH. AZMAT SAEED, J.
In the instant appeal, the present Appellants filed a suit, inter alia, for maintenance allowance. In the said suit, an order of interim maintenance allowance at the rate of Rs.2,000/ per child per month was passed. The private Respondent did not pay the said interim maintenance allowance, hence, the suit was decreed in terms of section 17-A of the West Pakistan Family Courts Act, 1964. Such decree was of Rs.2,000 per month per child with 10% increase. The Appellants/Plaintiffs were dissatisfied with the said quantum of maintenance, hence, they filed an appeal before the learned first Appellate Court. In appeal, the private Respondent was proceeded ex parte. Whereafter, the appeal was allowed and the maintenance was enhanced to Rs.8,000/- per month per child with 10% increase. In the above backdrop, the private Respondent filed an application for setting aside the ex parte appellate judgment and decree. During pendency of the said application, the private Respondent filed a Writ Petition in the High Court, wherein it was prayed as under:- "Under the circumstances, it is respectfully prayed that proceedings in execution petition filed in pursuant to the ex parte judgment and decree dated 11.9.2012 may kindly be stayed, stopped and set aside, as ex parte judgment/decree dated 11.9.2012 was passed at the back of the petitioner in harsh, exorbitant and excessive and an irrational manner. Any other relief deemed proper be also allowed to the petitioner."
2. The said Writ Petition has been allowed by way of the impugned order.
3. We have heard the learned counsel for the parties and with their assistance perused the available record.
4. Any relief available to the Respondent against application, which was filed. In the above backdrop, the learned High Court could not exercise its Constitutional Jurisdiction, more particularly, when no order at that point of time had been passed on the application seeking setting aside the ex parte appellate judgment and decree.
5. In the above circumstances, the Writ Petition was incompetent; hence, the impugned order is set aside. The application of the Respondent, if any, for setting aside the ex parte appellate judgment and decree, if pending, shall be decided on its own merits. If it is disposed of in view of the impugned order of the learned High Court only then it shall stand revived.
6. Consequently, this Civil Appeal is allowed in the above terms. MWA/F-11/SC Appeal allowed.