Law: Family Courts Act, 1964

Section: 5,18

Family Courts Act (XXXV of 1964)--- ----S. 5, Sched, & S.18.---Maintenance for minor and wife---Appearance through agent before Family Court---Effect---Concealment of source of income by husband---Effect---Suit for recovery of dower articles and maintenance of wife and minor was decreed concurrently---Contention of petitioner / husband, inter alia, was that impugned orders did not take into account that the husband/petitioner no longer had any source of income and furthermore that wife had not personally appeared before Family Court to substantiate her contentions---Validity---Evidence showed that husband/petitioner had concealed his sources of income and there existed contradictions on behalf of petitioner and his father, who was a witness, regarding his sources of income---Husband, if he fails to disclose his salary, or financial earnings, then adverse inference was to be drawn against him---No bar existed in wife being represented before Family Court by her authorized agent, therefore contention that wife did not appear before Family Court to substantiate her contentions was not tenable since her appearance was made through her authorized agent, who was her father---No illegality existed in impugned order---Constitutional petition was dismissed, in circumstances. Muhammad Asim v. Mst. Samro Begum and others PLD 2018 SC 819 and Qalandri Bibi v. Mst. Irum Bibi and others 2019 YLR 86 rel. THIS ORDER PASSED BY: SHAKIL-UR-REHMAN KHAN, JUSTICE:---.--- The necessary facts for the purposes of decision of the instant petition are that the petitioner and respondent No.1 were married on 22.6.2017, but unfortunately the relationship went sour and the respondent No.1 instituted a suit for maintenance allowance and recovery of dowry articles to the tune of Rs.12,48,000/- on 28.02.2018. Subsequently, respondent No.1 gave birth to one Ghulam Ahmad/minor (respondent No.2) on 09.5.2018. Thereafter another suit was instituted by respondents Nos. 1 and 2 for maintenance allowance of the minor and delivery charges on 01.9.2018. The petitioner contested these suits. Both these suits were consolidated and decided vide impugned judgment and decree dated 26.9.2019 in the…

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