Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan, Art.199--Constitutional petition--Suit for maintenance of wife and minor daughter---Trial Court decreed the suit allowing the past and future maintenance--Appellate Court upheld the of Trial Court---Validity---Plaintiff had ousted his wife at advance stage of her pregnancy and did not bear expenses incurred on the birth of his daughter---He who sought equity must do equity---Plaintiff forsook his wife and forced her to live with her parents---Grant of past maintenance was not against the Injunctions of Islam---Judgments of the courts below warranted no interference of the High Court which should exercise discretionary powers with caution especially when the party seeking relief had not come with clean hands---Petition was dismissed in circumstances. Muhammad Shareef v. Additional District Judge and others, 2007 SCMR 49 fol. ORDER SALMAN HAMID, J.---This petition was dismissed for non-prosecution on 5-7-2010. On the same day, office put up a Note, mentioning therein that this petition was wrongly fixed today (5-7-2021) and therefore, the Counsel, who comes from Sukkur, was not in attendance and that it was a mistake of the office that the petition was fixed on 5-7-2010. Looking at this aspect of the matter, the suggestion made at "A" in the referring Note. was approved by this Court arid the petition was restored to its original position on 5-7-2010. Today, when this petition was called, the learned counsel for the petitioner was called absent and it was adjourned in the interest of justice, looking at the weather conditions. When this Court was about to rise for the tea-break, the learned counsel for the petitioner appeared and requested that the petition be taken up for hearing as he has come all the way from Sukkur for it only. Under the circumstance; the learned counsel was asked to remain present in court after tea-break as the petition would be taken up for hearing immediately after tea-break. However when this petition was taken up immediately after tea-break, the learned counsel for the petitioner was not present. This petition could have been dismissed on…

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