Order Sheet

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

††††††††††††††††††††††††††† Constt. Petition No. S-10 of 2022.

 

††††††††† Date

†††††††††††††† Order with signature of Judge

 

†††††††††††††††††† FOR HEARING OF MAIN CASE.

 

25-04-2022.

Mr.Muhammad Zaman Channa Advocate for the petitioner.

Mr.Gulzar Ali Gilal Advocate for respondent No.1.

Mr.Noor Hassan Malik AAG.

†††††††††††††††††† †††† -.-.-.-.-.-.-.

 

 

††††††††† Through this constitutional petition, the petitioner has assailed the orders of two courts below viz.(i) judgment and decree dated 02.03.2021, passed by Civil and Family Judge, Sobho Deroin Family Suit No.56 of 2020 whereby suit filed by Respondent No.1/Plaintiff for recovery of maintenance of plaintiff and her children was decreed and (ii) Order dated 08.01.2022, passed by learned Addl. District Judge, Gambat, in Family Appeal No.01 of 2021 whereby the appeal preferred by the petitioner/defendant against the judgment and decree, passed in Family Suit 56 of 2020, was dismissed being time barred.

 

††††††††† It is contended, inter alia, by learned counsel for the petitioner that the petitioner was not aware of the suit proceedings, and as such he could not participate in the proceedings, resultantly, the suit for maintenance filed by respondent No.1 for her and children was decreed ex-parte. He further contended that the petitioner had divorced respondent No.1 in the year 2017 as such the maintenance granted by the trail court in respect of respondent No.1 is untenable. Conversely, learned counsel for the private respondents has controverted the contention of petitionerís counsel. However, after arguing the matter at some length both learned counsel have agreed for disposal of the above petition on the following terms:-

 

(i)          The petitioner will deposit the amount of maintenance of respondent No.1-Mst.Rabel in terms of the judgment dated 02.03.2021, passed by learned trial court in Family Suit No.56/2021, within 15 days from communication of this order, before learned Civil & Family Judge, SobhoDero, who shall invest the said amount in some profit bearing government scheme.

 

(ii)        Subject to deposit of the above said maintenance amount of respondent No.1,order dated 08.01.2022,passed in Civil Appeal No.01 of 2021 and the judgment/decree dated 02.03.2021, passed in Family Suit No. 56 of 2020 to the extent of maintenance of respondent No.1, are set aside and the case is remanded to the trail court. Learned trial court after reframing the issues of divorce and maintenance in respect of respondent No.1/plaintiff will decide the issues after providing adequate opportunities to the parties to lead their respective evidence on the very issues as well as hearing of the parties. The matter shall be decided expeditiously, preferably within two months from communication of this order.

 

 

(iii)       In the event, if the petitioner fails to deposit the aforementioned amount of maintenance before the civil court within the aforesaid period, this order will automatically stand recalled without any notice and the judgment/decree dated 02.03.202 shall remain intact and continue tobe enforced.

 

Instant petition stands disposed of in the above terms.

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

JUDGE

 

 

 

 

 

Ihsan