SHAH MAQSOOD vs KHAIR-UN-NISA Ss — 2021 CLC 561 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 561 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: SHAH MAQSOOD vs KHAIR-UN-NISA Ss
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHAH MAQSOOD VS KHAIR-UN-NISA Ss.5, Sched & 17-a---Suit for recovery of maintenance allowance and dowry articles---Non-payment of interim maintenance---Striking off defence---Scope---Defendant failed to pay interim maintenance and his defence was struck off---Suit was decreed concurrently---Validity---Family Court had warned the defendant that in case of failure to pay interim maintenance the suit of plaintiff would be decreed without recording of evidence---Defendant did not pay interim maintenance nor complied with the order of the Family Court---Father was bound to provide maintenance to his minor children---Order of Family Court directing the father to pay maintenance to the minor during pendency of suit was according to law---Conduct of defendant did not entitle him to discretionary relief---Defendant had not challenged the order of Family Court whereby he was ordered to pay interim maintenance---Impugned judgments and decrees passed by the Courts below could not be declared to have been passed without jurisdiction and lawful authority---Family Court had jurisdiction to strike off defence of defendant who had failed to pay interim maintenance and to decree the suit without recording evidence---No illegality or irregularity had been pointed out in the impugned judgments and decrees passed by the Courts below---Constitutional petition was dismissed, in circumstances.

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