Family Court Case Update: In a recent case, a decree was issued in favor of party X without prior notice, suggesting potential mala fide intentions. The decree granted the ex-wife entitlements, including a haq maher of 7 tola, a committed amount of 150,000, and maintenance for three children. The man asserts that he had already paid the haq maher at the time of marriage, but the court insists on its payment again, 15 years after their divorce. The ex-wife initiated a claim through the Family Court in 2020 and obtained a decree ex parte. The divorce was finalized in April 2019.
Efforts to challenge the decree have been consistently dismissed by the court on the grounds of time limitation. In the current state of the case, which is in the execution stage, the individual seeks advice on how to halt these proceedings. Additionally, the man claims to have received his share of the property in 2009 in cash from his late father, asserting that no share remains in the said property. He is concerned whether the court can attach this property.
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Gull Hassan Khan
09/12/2023
You have the option to challenge an Ex-Parte Judgment and Decree within 30 days from the date of the decree, or at the discretion of the court, from the date of your knowledge of it. The timing of when you became aware of the decree is a crucial factor in your case. Therefore, it is advisable for you to visit our office or any other law chamber, bringing along the case records, to receive more comprehensive legal advice. Furthermore, it is pertinent to note that your property could potentially be attached for the satisfaction of the decree by a Family or Executing court. It is recommended to seek legal counsel promptly to assess the specific circumstances of your case and explore the best course of action.
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