Law: Family Courts Act, 1964

Section: 17-A

Law: Constitution of Pakistan, 1973

Section: 199

Law: Code Of Civil Procedure, 1908.

Section: 151

Case Summary

This constitutional petition challenged the preliminary decree dated 05.09.2024 (Family Suit No. 2883/2023) and the appellate judgment dated 10.12.2024 (Family Appeal No. 113/2024) regarding maintenance for a minor, medical and delivery expenses, gold ornaments, and dower. The petitioner’s defense was struck off for failing to pay interim maintenance, leading to decrees against him. The appellate court upheld the trial court’s decision. The petitioner sought the High Court’s intervention, arguing the orders were unjust and that his inability to pay was not considered.

Core Points

Nature of Dispute: The petitioner failed to comply with interim maintenance orders, resulting in his defense being struck off and decrees passed in favor of the respondents.

Procedural History: After the trial court’s decree, the petitioner appealed, but the appellate court upheld the decision. The petitioner then filed a constitutional petition.