Law:

Section:

Keywords: Result: Petition accepted ORDER ' Suit for recovery of maintenance, maternity charges as well as articles of dowry was instituted by the Respondents No, 3 to 5 against the present petitioner in which he was proceeded against ex-parte after publication of proclamation in the newspaper. After recording ex-parte evidence, learned Judge Family Court granted decree in favour of Respondents No, 3 to 5 on 2nd December, 2014. 2. Petitioner made an application for setting aside ex-parte decree drawn on 2nd December, 2014 contending that neither he got any knowledge regarding institution and pendency of the suit nor was served. ' It was further submitted in the petition that factum of passage of decree came to his knowledge when he went to Burewala Kachahry for his domestic assignment. 3. Though the petition was contested by the Respondents No, 3 to 5 but ultimately learned counsel representing the Respondents No, 3 to 5 as per instruction of Respondent No, 3 made statement that respondents got no objection to set aside the ex-parte decree subject to payment of interim maintenance allowance to the Respondents No, 4 &5. 4. In view of the offer made on behalf of Respondents No, 3 to 5, learned Judge Family Court at Burewala through order dated 5th May, 2015 set aside the ex-parte judgment and decree dated 2nd December, 2014, directing the petitioner to pay interim maintenance allowance @ Rs, 1200/- to minor children, simultaneously, requiring the petitioner to pay Rs, 36000/- as arrears of interim maintenance allowance. ' Thought the petitioner was granted time to pay the arrears of interim maintenance but said order was not acted upon and on 24th June, 2015, petitioner neither appeared before the learned Family Court nor paid arrears of the interim maintenance allowance resulting in recalling of the order dated 5th May, 2015. 5. Aggrieved by the said order, petitioner preferred an appeal not only calling in question the legality of the order dated 24th June, 2015 but also ex-parte judgment and decree drawn in favour of Respondents No, 3 to 5 on 2nd December, 2014 but it remained an exercise in futility in view of dismissal of appeal through judgment dated…

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