Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S.5---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether appearance of defendant (husband) through special attorney was illegal. (b) West Pakistan Family Courts Act (XXXV of 1964)-------S.5---Recovery of maintenance---Appearance through special attorney---Compromise between the parties---Suit for recovery of maintenance was decreed in favour of wife by Family Court---Appeal filed by husband was dismissed by Lower Appellate Court on the ground that for the purpose of filing written statement, husband was bound to appear in Family Court himself and his attendance could not be dispensed with, and as husband filed written statement through special attorney, therefore, suit remained uncontested---Judgment and decree passed by Lower Appellate Court was maintained by High Court---Validity---Such view of Lower Appellate Court was contrary to the earlier view of High Court---No party could be non-suited merely for the reason because a plaint/written statement as the case might be, had not been filed by concerned party in person rather through her/his attorney---Attorney of husband had agreed to make payment to wife in instalments, therefore, Supreme Court directed the attorney to deposit the instalments---Supreme Court directed the Family Court to initiate execution proceedings for recovery of balance amount in lump sum, in case of non-payment of two consecutive instalments---Appeal was disposed of. Shahida Parveen v. Sher Afzal 2006 MLD 1752 ref. Muhammad Ilyas Sheikh Advocate Supreme Court for Appellants. Syed Azhar Naveed Shah, Advocate Supreme Court for Respondent No.1. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---This appeal has been filed against the order, dated 27-4-2006 of the Lahore High Court, Rawalpindi Bench passed in Writ Petition No.1899 of 2004. 2. Leave to appeal has been granted on 9-6-2006, inter alia, to examine whether the appearance of the appellant defendant through Special Attorney was illegal. 3. Respondent Mst. Noreen Saleem filed suit for maintenance of her minor daughter born out of the wedlock of appellant No.1 and respondent,…

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