Law: Family Courts Act, 1964

Section: 5,17-A

Law: Constitution of Pakistan, 1973

Section: 199

(a) Family Courts Act (XXXV of 1964)--- ----Ss.5, Sched 17-A---Suit for recovery of maintenance allowance and dowry articles---Non-payment of interim maintenance---Striking off defence---Scope---Defendant failed to pay interim maintenance and his defence was struck off---Suit was decreed concurrently---Validity---Family Court had warned the defendant that in case of failure to pay interim maintenance the suit of plaintiff would be decreed without recording of evidence---Defendant did not pay interim maintenance nor complied with the order of the Family Court---Father was bound to provide maintenance to his minor children---Order of Family Court directing the father to pay maintenance to the minor during pendency of suit was according to law---Conduct of defendant did not entitle him to discretionary relief---Defendant had not challenged the order of Family Court whereby he was ordered to pay interim maintenance---Impugned s and decrees passed by the Courts below could not be declared to have been passed without jurisdiction and lawful authority---Family Court had jurisdiction to strike off defence of defendant who had failed to pay interim maintenance and to decree the suit without recording evidence---No illegality or irregularity had been pointed out in the impugned s and decrees passed by the Courts below---Constitutional petition was dismissed, in circumstances. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---Scope---Conduct of petitioner to be taken into consideration in allowing or disallowing equitable relief---Principles. The conduct of petitioner can be taken into consideration in allowing or disallowing equitable relief in constitutional jurisdiction. The principle that the Court should lean in favour of adjudication of causes on merits, appears to be available for invocation only when the person relying on it himself comes to the Court with clean hands and equitable considerations also lie in his favour. High Court in exercise of writ jurisdiction is bound to proceed on maxim he who seeks equity must do equity. Constitutional jurisdiction is an equitable jurisdiction. Whoever comes to High Court to seek…

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