Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5, Sched. & S.8---Suit for recovery of maintenance allowance---Passing of ex parte decree on 1-11-1999---First application for setting aside such decree dismissed for non- prosecution --- Second application for setting aside such decree filed on 18-9-2000---Validity---Defendant instead of filing an application for restoration of first application had filed second application, which was neither maintainable wider law nor within time---Second application was dismissed in circumstances. ORDER HAFIZ ABDUL REHMAN ANSARI, J.---The petitioner Muhammad Shafique Akhtar has filed the instant constitutional petition praying that the order, dated 30-10-2008 passed by learned Family Judge Sahiwal, order of the lower appellate Court dated 6-4-2009 and order dated 1-11-1999 of ex parte decree passed by respondent No.2 be declared illegal, void without jurisdiction and ineffective on the right of the petitioner. The petitioner has further prayed that he may be allowed to defend the suit. 2. Pithily, the facts giving rise to the instant petition are that Mst. Sajida Sarwar, respondent No.3, filed a suit for recovery of maintenance allowance which was ex parte decreed by the learned Judge Family Court on 1-11-1999. On 2-1-1998 respondent filed a suit for recovery of Rs.2,90,000 against the petitioner/ defendant which was dismissed on 22-3-2000 and in that suit the respondent did not mention regarding her suit for recovery of dower. Therefore, ex parte decree dated 1-11-1999 is collusive and has wrongly been passed by the learned Judge Family Court. The dower of respondent was fixed as Rs.80,000 which according to column No.15 of Nikah Nama has been paid in the shape of gold ornaments. Service of the petitioner was not effected. Petitioner came to know about the execution petition on 6-6-2000 and on 8-6-2000 moved an application for setting aside ex parte decree. On 15-9-2000 the application filed by the petitioner was dismissed due to non-prosecution and then petitioner moved second application on 18-9-2000. On 15-3-2001 petitioner's second application was dismissed due to non-prosecution. Petitioner moved an…

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