TARIQ JAVED vs RUKHSANA BIBI Ss 5, Sched — 2023 YLR 2233 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2233 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: TARIQ JAVED vs RUKHSANA BIBI Ss 5, Sched
Subject matter: Criminal

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

TARIQ JAVED VS RUKHSANA BIBI Ss 5, Sched. & 17-a---Suit for recovery of maintenance allowance---Right of defence---Striking off---Family Court while fixing interim maintenance allowance, ordered the petitioner/ defendant to pay, on next date of hearing, the arrears of interim maintenance allowance counting from the date of institution of the suit---Petitioner/defendant did not comply with the said directions---Later, the Family Court struck off his right of defence on the application of respondents/plaintiffs---Contention of the petitioner/defendant was that only one opportunity was granted to him to clear the arrears of the maintenance allowance while fixing the interim maintenance allowance---Validity---It was not vested right of the petitioner to claim multiple opportunities for compliance of the order/directions and he was obliged to adhere to the directions of the Trial court regarding payment of the maintenance allowance in order to clear the arrears---Even otherwise, the record revealed that after the said directions, the case was fixed on multiple dates spanning almost a year and then impugned order and decree was passed by the Family Court, thus the contention of the petitioner was misconceived---act of non-compliance of order of the Trial Court disentitled the petitioner from any discretionary relief from the High Court---No illegality or infirmity had been found in the impugned orders and decrees passed by both the Courts below---Constitutional petition was dismissed, in circumstances.

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