Law: Guardians and Wards Act, 1890

Section: 25

Law: Civil Procedure Code (V of 1908)

Section: 4

(a) Guardians and Wards Act (VIII of 1890)--- ----S. 25--- Custody of minor---Compromise decree--- Fixation of maintenance allowance--- Scope assailed decree passed by Judge Family Court on the basis of compromise between the parties to the extent of maintenance fixed at the rate of Rs. 50,000/- per month with 15% annual increase---Contention of petitioner was that compromise was not signed by him and that the amount of maintenance was exorbitant---Validity---Compromise once arrived at with due deliberation and consultation was not legally challengable--- Challenging the compromise partially to the extent of maintenance allowance after its submission before the court of law had no moral and legal justification had signed vakalatnama in favour of his counsel and on the basis of said vakalatnama his counsel had appeared as a representative/ attorney of the petitioner---Consent decree was not appealable---Appeal filed by the petitioner agitating consent decree was validly dismissed by the Appellate Court, in view of his admission in the guardian petition, could easily afford maintenance of Rs.50,000/- per month to support his minor daughter---Constitutional petition was dismissed. (b) Civil Procedure Code (V of 1908)--- ----O. III, R. 4---Appointment of pleader--- Scope--- Vakalatnama is a document which legally authorizes the lawyer/counsel to act on behalf of his/her client---Once the advocate is engaged through duly signed vakalatnama by the client for a case then all acts of the counsel in connection with such case are considered to be authorizedly taken on behalf of his client till such time the vakalatnama is revoked or withdrawn by the client in terms of the procedure prescribed under the law. Hassan Akhtar and others v. Azhar Hameed and others PLD 2010 SC 657 rel. JUDGMENT LUBNA SALEEM PERVEZ, J.--- Through present petition, the petitioner Muhammad Khawer Hassan, has assailed judgment and decree dated 11.07.2019, passed by learned Additional District Judge, West-Islamabad (hereinafter referred to as the ADJ), whereby the judgment and decree dated 21.05.2019, passed by learned Judge Family Court/Guardian, West-Islamabad, was upheld. 2. Brief facts of the…

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