Law:

Section:

Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Civil Procedure Code (V of 1908), S.12(2)---Suit for recovery of maintenance allowance for wife and minors---Ex parte decree---Execution proceedings---Petitioner (husband) applied for setting aside ex parte decree and filed application under S.12(2), C.P.C. (which was subsequently withdrawn) alleging that his wrong address had been mentioned in the plaint and that ex parte decree was obtained through fraud as he had no knowledge of the proceedings before Family Court and both the courts below had wrongly refused his application for setting aside ex parte decree---Validity---Address of the petitioner on record was the same as given in his application under S.12(2), C.P.C. and the appeal and he was duly served---No plausible reason had been shown by the petitioner for his non-appearance before the court in his application for setting aside ex parte decree---Petitioner had not controverted the receipt of registered post in his applications for setting aside ex parte decree and under S.12(2), C.P.C. as well as in appeal---Application for setting aside ex parte decree was filed after lapse of one year, which was time barred and therefore the same had rightly not been considered by the courts below---Record showed that petitioner had never paid any maintenance to the wife and minors and had contracted second marriage while the first wife along with her minor daughters were living with her parents---Petitioner had not fulfilled his obligations towards his first wife as well as daughters---No illegality or infirmity having been noticed, constitutional petition was dismissed in limine. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, JUSTICE:---.--- Through instant petition, the petitioner approached this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer:- "It is, therefore, most humbly prayed that on acceptance of the instant writ petition, the case be remanded back to the Trial Court/ respondent No. 4 with the directions to proceed with the case according to law and decide the case on merit after filing of written statement, framing issues and…

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