Legal Case Summary

Case Details
Case ID 3801a8a6-4a4f-45da-9b6c-c77af89f689e
Body View case body.
Case Number W.P. No, 15069 of 2015
Decision Date Apr 07, 2016
Hearing Date
Decision The petition was accepted, and the order dated 24th June 2015, as well as the judgment of the learned Additional District Judge Burewala dated 13th August 2015, were set aside. The application of the petitioner for setting aside the ex-parte judgment and decree dated 2nd December 2014 shall be deemed to be pending before the learned Judge Family Court, Burewala. The petitioner is required to pay interim maintenance allowance to the minors at the rate of Rs. 2000 per respondent, starting from April 2016, to be paid before the 15th of each month until the decision of the application for setting aside the ex-parte judgment and decree. Failure to comply may result in the striking off of the interim maintenance allowance.
Summary This case revolves around a petition filed by Muhammad Faisal challenging an ex-parte decree regarding maintenance, maternity charges, and dowry articles awarded to Respondents No, 3 to 5. The Family Court initially granted the decree after the petitioner was not served notice. The petitioner later sought to set aside this decree, claiming ignorance of the proceedings. The Respondents did not contest the setting aside of the decree, provided the petitioner paid interim maintenance. The Family Court's conditional order requiring payment was not adhered to by the petitioner, leading to further legal action. Ultimately, the High Court accepted the petition, set aside previous orders, and mandated the payment of interim maintenance to the minors involved. This case highlights the importance of due process and the rights of parties in family law matters, particularly concerning maintenance and the enforcement of court orders.
Court Family Court Burewala
Entities Involved Not available
Judges MEHMOOD MAQBOOL BAJWA, J
Lawyers Learned Counsel representing Respondents No, 3 to 5
Petitioners Muhammad Faisal
Respondents , Additional District Judge, Burewala District Vehari, Zarina Kausar
Citations 2016 SLD 1887, 2016 PLJ 697
Other Citations Not available
Laws Involved Not available
Sections Not available