1989 PLP 923 (SCMR)

USMAN ALI SHAH, J.‑‑The petitioner seeks leave to appeal in a family matter, against the dismissal of his writ petition No.269 of 1985 vide impugned judgment. The petitioner was married to Mst. Nasrin Begum on 13‑2‑1972 and he being an employee of the Railway, was living in the Railway Ouarters with his wife. Respondent No.l the only male child was borne from this marriage. A case under Offence of Zina (Enforcement of Hudood) Ordinance 1979 was registered against Mst. Nasrin Begum for helping her brother to entice the daughter of her next door neighbour in the railway quarters in which the petitioner was harassed by the police to produce his wife Mst. Nasrin Begum. In these circumstances the petitioner was allegedly constrained to divorce Mst. Nasrin Begum on 16‑8‑1980. This divorce was processed by the Union Council which awarded Rs.600 as maintenance allowance for the period of Iddat which was paid by the petitioner. On 26‑6‑1982 after about two years of divorce the brother of Mst. Nasrin Begum instituted a suit before the Judge Family Court, Jhelum for the recovery of Rs. 2400 at the rate of Rs. 800 per month as maintenance for Iddat period and Rs.500 per month for the minor child Arshad Mahmood respondent No. 1 for three years. The said suit was decreed in favour of the defendants/respondents as an ex parte, vide judgment, dated 21‑3‑1983. An application was filed by the petitioner on 20‑1n‑1983 for setting aside the ex parte decree on the plea that he had not been served with summons. The respondents also resisted the application. The learned Judge Family Court found the application as time barred under Rule 13 of the Family Courts Rules and rejected the application vide his order, dated 7‑11‑1984. His appeal before the learned District Judge, Jhelum also failed vide judgment, dated 5‑6‑1985. Being aggrieved the petitioner filed a Constitutional petition in the Lahore High Court, Rawalpindi Bench, Rawalpindi. A learned Single Judge of the Lahore High Court declined to interfere with the findings of the Courts below, vide impugned judgment. Hence this petition for special leave before this Court. After hearing the learned counsel for the petitioner and perusal of the findings of the Courts below, we are not satisfied that a case for interference by the High Court in the constitutional petition, with the findings of the Courts below was made out. As the case of the petitioner was based on facts which in our opinion the Darned lower Courts have rightly adjudicated and concurrently arrived at a correct conclusion. Seeking interference under Article 199 of the Constitution is a discretionary one and always being used by the High Court A judiciously. A perusal of the record shows that in this case the petitioner has not paid a single penny to the respondent No.l who is his minor son, for the last four year. Under the circumstances, we think that the learned Single Judge of the High Court has used its discretion judiciously to refuse the relief prayed for by the petitioner. The result is that this petition has no merit and accordingly is dismissed leave to appeal is refused. AA./M‑742/S Leave to appeal refused