Fine on challenge 17A family case order

- July 06, 2024

IN THE SUPREME COURT OF PAKISTAN

(Appellate Jurisdiction)

Present

Mr. Justice Yahya Afridi

Mr. Justice Amin-ud-Din Khan

Mrs. Justice Ayesha A. Malik

Civil Petition No.3155-L/2023

(Against the order dated 11.09.2023 passed by the Lahore High Court, Lahore in W.P.

No.47965/23)

Shahzad Amir Farid

....Petitioner

Versus

Mst. Sobia Amir Farid and others

….Respondents

For the petitioner:

Mr. Aftab Mustafa, ASC

(via video link from Lahore)

For the respondents:

N.R.

Date of Hearing:

30 April 2024

ORDER

Yahya Afridi, J.- The petitioner has called in question the

impugned order dated 11.09.2023 passed by the Lahore High

Court, whereby his writ petition was dismissed.

The striking feature of the case is the contumacious failure

of the petitioner to pay maintenance for his minor children as

fixed by the Family Court. The necessary facts are that Mst. Sobia

Amir Farid (respondent No.1) filed a suit for maintenance allowance

for herself and her minor children against her husband and father

of her children, i.e., the petitioner. The Family Court passed an

Civil Petition No. 3155-L of 2023

order for payment of interim-maintenance to the minors under

Section 17-A of the West Pakistan Family Courts Act, 1964 (“Act”).

However, despite availing multiple opportunities, the petitioner

failed to comply with the order. As a result, his defence was struck

off, and the suit for maintenance to the extent of minors was

decreed on the basis of averments in the plaint and other

supporting documents on record of the case. The petitioner filed

an appeal against the decision of the Family Court before the

District Court. During the appeal, he was again ordered to pay

interim maintenance, but he disregarded this order as well.

Finally, the appeal was dismissed due to his continued noncompliance and failure to appear before the Court. The petitioner

unsuccessfully challenged the orders of the Family Court and

District Court before the High Court. Now, the petitioner seeks

leave to appeal against the decision of the High Court through the

present petition.

The learned counsel for the petitioner was unable to

point out any substantive illegality, procedural impropriety and

decisional irrationality in the order of the Family Court. The

Family Court, in accordance with Section 17-A of the Act, had the

lawful authority to strike off the defence of the petitioner and

decree the suit for maintenance on the basis of averments in the

plaint and other supporting documents on record of the case, once

the petitioner failed to pay the interim maintenance allowance by

Civil Petition No. 3155-L of 2023

fourteenth day of each month during the pendency of proceedings.

The petitioner was also put to notice by the Family Court to clear

the arrears of interim maintenance allowance otherwise the

provisions of Section 17-A of the Act would be invoked, which the

petitioner failed to comply with. Moreover, the determination of

the amount of maintenance by the Family Court is neither

arbitrary nor capricious. Hence, the High Court in the exercise of

its constitutional writ jurisdiction, has rightly declined to interfere

with the findings of the Family Court with regard to the quantum

of maintenance allowance. Thus, the petition is ill-founded and illadvised, and is accordingly dismissed.

We note with grave concern that the conduct of the

petitioner leaves a lot to be desired. It falls significantly short of

the expected standards of fairness and amounts to gross abuse of

the process of the Court. The persistent dragging of the matter

from one court to another constitutes vexatious litigation, and

adds to undue delay and overburdening of the Courts. Such

frivolous petitions need to be strongly discouraged. Therefore, in

view of the callous disregard of the petitioner for the court order to

pay interim maintenance and his attempts to delay the payment of

decreed maintenance allowance for his minor children, we feel

inclined to impose costs on the petitioner in the sum of Rs.

1,00,000/- (Rupees one hundred thousand only) to deter such

Civil Petition No. 3155-L of 2023

conduct in the future. The costs shall be recovered by the

executing court as part of the decree for maintenance.

Judge

Islamabad

30 April 2024.

Approved for

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