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 Dero in 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 petitioner’s 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