02/02/2026
اجراء اور منسوخی ڈگری دونوں زیر سماعت تھے فریقین میں راضی نامہ ھو گیا۔ خاتون آباد ھو گئی اور کچھ عرصہ بعد پھر علیحدگی ھو گئی۔ ایسی صورت میں سابقہ ڈگری اور اجراء کی حیثیت پر خوبصورت ججمنٹ ھے
PLJ 2021 Lahore 599
Constitution of Pakistan, 1973--
----Art. 199--Muslim Family Law Ordinance, 1961, S. 9--Suit for recovery of maintenance allowance--Ex-parte declared--Execution petition--Petitioner filed application for setting aside ex-parte degree--Court compromise between parties--Execution petition as well as suit were withdrawn--Application for restoration of ex*****on petition--Dismissed--Fresh ex*****on petition--Dismissed--Appeal--Accepted--Challenge to--Neither judgment was set-aside nor modified as per statement--Valid lawful decree--Legal obligation of father--Record shows that on 29.1 1.2014, parties} got recorded their respective statements before Judge Family Court to effect that Respondent No. 2 started living with petition owing to compromise between parties and they were, not willing to pursue their cases--Resultantly ex*****on petition as well as application, seeking setting aside of ex parte decree was ordered to be dismissed as withdrawn--It is no where mentioned in said order or in statements that decree would not hold field--Neither it was set-aside, nor modified as per alleged settlement--Respondent No. 2 could not have been estopped to get ex*****on of a valid lawful decree as decree holder has right to get it executed within contemplation of provisions of law--Matter pertains to maintenance allowance of minor as well, therefore, petitioner cannot hide himself behind procedural technicalities--Petitioner, being a father, is under legal obligation to maintain his child--Question of payment of maintenance allowance must be addressed to its ultimate conclusion--Impugned order has rightly been passed after appreciating facts and circumstances of case--So far as plea that Respondent No. 3 is not entitled to get maintenance allowance
