| Case ID |
ffbcfbf9-0ed7-4c78-8783-0328e2db4cad |
| Body |
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| Case Number |
W.P. No. 43023 of 2022 |
| Decision Date |
Jun 22, 2022 |
| Hearing Date |
Jul 05, 2022 |
| Decision |
The Lahore High Court dismissed the petition, upholding the previous judgments that struck off the petitioner's right to defend the suit for maintenance due to non-payment of interim maintenance. The court emphasized the petitioner's financial capability to pay the maintenance and noted his repeated failure to comply with court orders. The court found no merit in the petitioner's arguments and upheld the judgments of the lower courts as unexceptionable. |
| Summary |
This case involves a dispute over the payment of maintenance allowance under the Family Courts Act, 1964, and the Muslim Family Laws Ordinance, 1961. The petitioner, Muhammad Naveed Akhtar, was ordered to pay maintenance for his minor daughters after a suit was filed by Mst. Ghazala Batool, the respondent. The Family Court initially decreed the suit in favor of the respondent, striking off the petitioner's right to defend due to non-payment of interim maintenance. Despite an appeal being accepted conditionally, the petitioner failed to make the required payments, leading to the dismissal of his defense again. The Lahore High Court reviewed the case and upheld the decisions of the lower courts, emphasizing the petitioner's financial capability and his failure to meet legal obligations. The judgment highlighted the mandatory nature of Section 17-A of the Family Courts Act, which requires defendants to pay interim maintenance to retain their right to defend. The court also referenced several precedents reinforcing the principle that failure to comply with interim maintenance orders results in the defense being struck off. This case underscores the importance of compliance with maintenance orders and the legal consequences of non-compliance, particularly in the context of family law and the protection of minors' rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Lahore High Court,
Family Court
|
| Judges |
MUHAMMAD SHAN GUL, J.
|
| Lawyers |
Mr. Shahzad Saleem Khawaja, Advocate for Petitioner.
|
| Petitioners |
MUHAMMAD NAVEED AKHTAR
|
| Respondents |
Mst. GHAZALA BATOOL
|
| Citations |
2022 SLD 1634,
2022 PLJ 744
|
| Other Citations |
2020 SCMR 300,
PLD 2021 Supreme Court 761,
2015 CLC 1144,
2020 CLC 1524,
2016 MLD 742,
2020 P.Cr.LJ 1315
|
| Laws Involved |
Family Courts Act, 1964,
Muslim Family Laws Ordinance, 1961
|
| Sections |
17-A,
8,
9
|