Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Constitution of Pakistan, Art.199---Limitation Act (IX of 1908), Art.182---Constitutional petition---Suit for dissolution of marriage and maintenance of minor daughter and herself by wife---Appellate court declined to restore the appeal of defendant-husband dismissed for non-prosecution---Validity---Contumacious attitude of defendant-husband to avoid payment of maintenance was reflected throughout the proceedings of the case---Person having such a callous attitude towards his minor daughter did not deserve any equitable relief from High Court in exercise of extraordinary jurisdiction---Defendant made every effort to frustrate the progress of the claim by intentionally avoiding appearance in the court---Trial Court was justified in passing ex parte decree---Appeal of defendant was dismissed due to his obduracy; he neither paid any maintenance to the minor child nor appeared before the court---Defendant's plea that provisions of Art. 182 of the Limitation Act, 1908 were not applicable to family matters was without force---No doubt family matters were amenable to a special law but that did not mean that defendant could be allowed to lodge and defend the cause at his own whims and caprice7-Minor was the legitimate daughter of the defendant who was duty bound to maintain her---Rate of maintenance fixed by Trial Court was neither exorbitant nor unreasonable in view of inflatidn---Petition was dismissed with costs. Muhammad Arif v. Uzma Afzal and others 2011 SCMR 374 rel. ORDER MUHAMMAD FARRUKH IRFAN KHAN, J.---The petitioner is aggrieved against the order dated 20-3-2014 whereby learned Additional District Judge, Sheikhupura declined to restore his appeal dismissed for non-prosecution vide order dated 20-3-2013 against ex-parte judgment and decree dated 18-5-2012 having been passed in favour of respondents Nos. 3 and 4. 2. Briefly the facts of the case are that respondent No.3 filed a suit for dissolution of Marriage and for recovery of maintenance allowance of her own as well as of her minor daughter (respondent No.4) on the grounds mentioned in the plaint. The petitioner did not appear in the…

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