Law:

Section:

Family Courts Act (XXV of 1964)--- ----S.12---Suit for maintenance allowance for minor---Execution Application---Ex parte decree when father (defendant) absented himself after appearing before the Family Court---Judgment-debtor (petitioner) moved application to set aside ex parte and decree---Appropriate remedy against ex parte decree---Scope---Fair opportunity to contest---Scope---Petitioner/ debtor contended that and decree passed behind his back was liable to be set aside by accepting his application to set aside the same---Validity---Record revealed that petitioner, after service of notice, had filed his written statement and with his consent the interim order of maintenance for minor was passed by the Family Court but afterwards he absented himself from contesting the proceedings, resulting in ex parte and decree to become final---When the execution application was allowed, petitioner then moved application to set aside the and decree passed by the Family Court on the ground that the same was passed behind his back---High Court observed that the petitioner after having filed his defence and consenting the interim order of maintenance of minor, could not be allowed to seek setting aside of the , decree and orders passed against him---When a decision was given in any legal proceeding, which emanated from a special statute, against a party, which was duly served then remedy for unsuccessful party was to challenge the same under the same statute---Once contesting party gave up its remedy provided under a special statute, decision attained finality and remained no more open to challenge by an aggrieved party---High Court rejected the contention of the petitioner that he was not afforded fair opportunity to contest the matter---No illegality or infirmity having been found in the impugned order, constitutional petition was dismissed accordingly. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.--- Through this petition, the petitioner Muhammad Bachal has called in question order dated 22-09-2016, passed by 1st Additional District Judge, Naushahro Feroze, dismissing Family Appeal No. 08/2016, filed against the order dated 27.04.2016, passed by the…

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