SHAHZAD AMIR FARID vs Mst — 2024 SCMR 1292 SUPREME-COURT

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SHAHZAD AMIR FARID VS Mst. SOBIA AMIR FARID S. 17a---Interim maintenance---Father failing to comply with order for payment of maintenance to the minors---Contumacious conduct---Costs, imposition of---Family Court, in accordance with Section 17-a of the Family Courts act, 1964, had the lawful authority to strike off the defence of the petitioner (father) and decree the suit for maintenance on the basis of averments in the plaint and other supporting documents on record of the case, once the petitioner failed to pay the interim maintenance allowance by fourteenth day of each month during the pendency of proceedings---Petitioner was also put to notice by the Family Court to clear the arrears of interim maintenance allowance otherwise the provisions of Section 17-a of the act would be invoked, which the petitioner failed to comply with---Moreover, the determination of the amount of maintenance by the Family Court was neither arbitrary nor capricious---Hence, the High Court had rightly declined to interfere with the findings of the Family Court with regard to the quantum of maintenance allowance---In view of the callous disregard of the petitioner for the court order to pay interim maintenance and his attempts to delay the payment of decreed maintenance allowance for his minor children, the Supreme Court imposed costs on the petitioner in the sum of Rs. 1,00,000/- (Rupees one hundred thousand only) to deter such conduct in the future with the direction that the costs shall be recovered by the executing court as part of the decree for maintenance---Petition was accordingly dismissed.

SHAHZAD AMIR FARID vs Mst — 2024 SCMR 1292 SUPREME-COURT

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