Law: Muslim Family Laws Ordinance, 1961

Section: 9,13(3)

Muslim Family Laws Ordinance, 1961 (VIII of 1961)-- ----S. 9--Family Courts Act, (XXXV of 1964), S. 13(3)--Suit for recovery of maintenance allowance--Decreed--Appeal--Dismissed--Civil petition was dismissed--Execution petition--Salary of petitioner was attached--Time-barred--Principle of laches--Concealment of facts--Decree of trial Court was attained finality--Many opportunities were provided to petitioner for payment of decretal amount--Freezing of bank accounts--Concurrent findings--Scope of--Error of law—Maintainability--Question of whether executing Court under pass an order for attachment of salary of debter in view of provision contained in Section 13(3) of Act has not mentioned facts of dismissal of appeal against and decree by Additional District Judge, High Court and Hon’ble Supreme Court of Pakistan--It is established law that a person who seeks equity must approach Court with clean hands--Impugned order was passed by Judge Family Court on 21.10.2019 and appeal was dismissed by Appellate Court on 27.11.2019, but instant writ petition has been filed on 22.03.2021, i.e. after delay of more than one year and three months, hence it is not maintainable on principle of laches--There are concurrent findings of both Courts below against petitioner--In case of concurrent finding of Courts below, scope of constitutional petition becomes very limited--Counsel for petitioner has failed to point out as to how impugned passed by Judge Family Court and Additional District Judge were consequence of an error of law or without jurisdiction or in excess of jurisdiction, hence both impugned orders do not require any interference by High Court--Petition dismissed. 2001 SCMR 274, 2000 CLC 623 (Lahore) 2008 YLR 2309, PLD 2008 Karachi 2005 ref. JUDGMENT Through the instant writ petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the legality and validity of order dated 21.10.2019, passed by the learned Executing Court as well as judgment dated 27.11.2019, passed by the learned Additional District Judge, West-Islamabad, whereby salary of the petitioner/judgment debtor has been attached. 2. Succinctly…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492