ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

2nd C.P.No.S-324 of 2021

 

Date

               Order with signature of Judge

 

1.   For orders on Office Objections at "A".

2.   For hearing of main case.

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28.11.2022

                  

Mr. Rafique Ahmed K. Abro, Advocate for the Petitioner.

Mr. Atta Hussain Chandio, Advocate for Respondents No.1 & 2.

Mr. Liaquat Ali Shar, Additional Advocate General, Sindh.

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O R D E R

 

AMJAD ALI SAHITO, J.:-     Through this petition, the petitioner has impugned the Judgment and Decree dated 26.02.2021, passed by learned Family Judge-II, Dokri in Family Suit No.08/2020 (Re- Mst. Rozina and Ibrar Hussain v/s. Riaz Hussain). After rejecting the family suit, the learned Judge passed order and granted maintenance to the plaintiffs No.1 & 2 (respondents No.1 & 2 in the present petition) from April 2016 till Iddat period of plaintiff No.1 to the extent of Rs.2500/- per month with annual increment of 10% per annum, whereas plaintiff No.2 minor Abrar Hussain was also granted maintenance till his legal entitlement from 2016 to the extent of Rs.5000/- per month with annual increase of 10% per annum till attaining the majority.

2.      Being aggrieved and dissatisfied with the impugned Judgment and Decree, the petitioner filed Family Appeal No.14 of 2021 (Re-Riaz Hussain v/s. Mst. Rozeena and another) before the Court of Sessions Judge, Larkana, from where the file was transferred to III-Additional District Judge (MCAC), Larkana. After hearing the parties, the appeal was dismissed with observations that the learned trial Court has rightly passed the Judgment and Decree in favour of the plaintiffs.  Being aggrieved, once again the petitioner filed this petition by challenging both the Judgments and Decree passed by the learned Courts below.

3.      During pendency of this petition, the compromise statement was filed by both the parties and it was observed that approximately amount of rupees seven lacs is outstanding against the petitioner, but parties have mutually consented that the petitioner will pay only Rs.3,50,000/- in lump sum in installments of Rs.40,000/- per month to the respondents No.1 & 2. The terms of the compromise statement are as under:

1.   That Petitioner Riaz Hussain is bound to pay an amount of Rs.3,50,000/- to the respondents in installments of Rs.40,000/- per month regularly without fail.

2.   Further the judgments and decrees of both the Courts below would be restored, if petitioner fails to deposit monthly installments on 10th of each month, hence the execution proceedings will be restored against him.

4.      In view of above, instant petition stands disposed of. However, the petitioner is directed to deposit the monthly installments on or before 10th of each calendar month in the trial Court and trial Court to hand over the said installment to respondents No.1 and 2 in the shape of open cheque after proper verification as per rules. In case he has failed to pay the monthly installment upto 10th of each month, the Judgment and Decree passed by the learned Trial Court will be restored to its original position.

5.      Instant petition is disposed of with the above modifications.

 

 

        Judge

 

Manzoor