GHULAM RASOOL vs Mst — 2025 CLC 975 KARACHI-HIGH-COURT-SINDH

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GHULAM RASOOL VS Mst. JANNAT KHATOON S. 5, Sched---Family Courts Rules, 1965, R.5---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of maintenance, medical and delivery-related expenses---Scope---Husband's (petitioner) application for return of plaint of the wife on the ground of limitation and lack of territorial jurisdiction of the Family Court was dismissed concurrently---Validity---No plea of limitation was raised in the written statement---Despite that, the petitioner subsequently filed an application under S. 5 of the Family Court Rules, 1965 in a seemingly contrived effort to delay the proceedings and subject the respondent No. 1 (wife) to prolonged hardship---Conduct of petitioner appeared manifestly calculated to defeat the legitimate claims of respondent No. 1---Petitioner's argument regarding limitation was untenable---Obligation to provide maintenance was a continuing one, rooted in Islamic Injunctions and transcended the limitations imposed by special statutes---It was the unequivocal responsibility of a man to meet the educational, medical and subsistence needs of his spouse and children---Petitioner's failure to fulfill these obligations since 2007 was not only reprehensible but amounted to deliberate cruelty, both mental and economic---Family Courts Act, 1964, is a remedial statute designed to secure expeditious relief in family matters, which precluded the availability of a second appeal, intending to place a definitive end to prolonged family litigation---Conduct of the petitioner in the present matter was precisely what the legislature sought to curtail---Minor child had suffered years of neglect and deprivation owing to the petitioner's indifference---Petitioner, through the petition, was seeking merely to frustrate the judicial process and prolong the agony of the respondent No.1 and her child---In the light of prima facie mala fide conduct apparent from the record, the petition was not maintainable---Both impugned orders were well-reasoned and judiciously rendered, and no reason to interfere was found---Petition stood dismissed, in limine.

GHULAM RASOOL vs Mst — 2025 CLC 975 KARACHI-HIGH-COURT-SINDH

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