Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: JAMIL AHMAD VS Respondent: CHAIRMAN, ARBITRATION COUNCIL
1988 C L C 1859
1988 C L C 1859
[Lahore]
Before Fazl‑i‑Mahmood, J
JAMIL AHMAD Petitioner
versus
CHAIRMAN, ARBITRATION COUNCIL Respondent
Writ Petition No.4999 of 1987, decided on 9th January, 191uaa Iinsenoo
Muslim Family Laws Ordinance (VIII of 1961)‑‑
‑‑‑S. 9‑‑‑Constitution of Pakistan (1973),Art. 199 Maintenance--Revisional Authority upheld ex parte decree passed by Chairman, Arbitration Council against petitioner‑husband for huge amount on account of maintenance of respondent‑‑Considerable rebate for a major chunk of amount having been allowed to petitioner on part of respondent, parties mutually agreed that petitioner would pay agreed amount to respondent in full and final settlement of her claim on account of maintenance‑‑Parties having agreed to follow a consent course, High Court unhesitatingly allowed to follow such course as it appeared to be lawful and advanced public policy by shortening litigation‑‑Petition was accordingly disposed of in terms of compromise arrived at between parties in circumstances.
Sh. Afzal Ahmad Qureshi for Petitioner. Qazi Zahid Hussain for Respondent No.3.
ORDER
On behalf of the petitioner, his father Naeem Ullah Khan accompanied by Sh. Afzal Ahmad Qureshi, Advocate are present. On behalf of respondent No.3 Humera Bibi, Qazi Zahid Hussain, Advocate accompanied by father of the girl, Sheikh Muhammad Siddique is present.
2. The two Courts below have granted decree for Rs.1,78,000 against petitioner Jamil Ahmad on account of maintenance for a period of 27‑1/2 months at the rate of Rs. 6,500 per month. The decree of the Chairman, Arbitration Council was ex parte and the learned District Collector dismissed the revision as being barred by time.
3. There has been a sufficient debate and effort on the part of the members of the Bar as well as learned counsel for the parties to bring to an end this unfortunate litigation between .the two separated spouses. It has been mutually agreed between the parties that the petitioner would pay a sum of Rs.50,000 to respondent No.3 in full and final settlement of her claim on account of maintenance. Naeem Ullah Khan, father of the petitioner takes the responsibility before this Court to discharge the liability of his son '.. y periodical cash payments in consideration of the rebate being allowed for a major chunk of money.
4. Naeem Ullah Khan, father of the‑petitioner undertakes to pay monthly a sum of Rs.3,000 to respondent No.3 to be paid before 5th of each month, without any default till the total sum of Rs.50,000 stands exhausted. Any default in the monthly payment will render the previous paid amount as not countable towards the discharge of total liability in addition to other consequences that he may have to face. The amount shall be regularly deposited before the 5th of each month, as aforesaid, in the account of Humera Bibi daughter of Sheikh Muhammad Siddique, resident of 10/8 Guru Nanak Nagar, Ichhra Road, Lahore with Habib Bank Limited, Ichhra Branch, Main Ferozepur Road, Lahore. The lady is maintaining PLS account, the number of which counsel for the respondent will supply to the learned counsel for the petitioner today.
5. In view of the fact that the parties have agreed to follow a consent course‑‑, I have no hesitation in allowing the same as it appears to be lawful and advances public policy by shortening litigation. The writ petition is accordingly disposed of in terms of the compromise arrived at between the parties. Since both parties have been heard, it is to be treated as notice case. There shall, however, be no order as to costs.
H. B. T./J‑24/L Order accordingly.