PLJ 2008 Lahore 531
Ghulam Rasool V/S Senior Civil Judge & 4 Others
S.14(2) W.P. Family Courts Act 1964. Petitioner was arrested and sent to jail. Released when he gave an undertaking that on release the remaining amount would be paid in instalments. Petitioner requested the Judge Family Court to defer the payment for some time as he is financially not in a position to pay. The request was disallowed—-Validity—-Facility of payment through instalment was given to petitioner at his own instance and with his own consent. Held: Petitioner is bound by same and has to face the consequences unless he makes out a case of legal and factual justification for any variation in matter settled through compromise. Law relating to grant of maintenance allowance is in essence aimed at the welfare of the persons entitled to get maintenance. Further held: If a right of appeal against the insufficiency of the quantum of maintenance allowance is curbed on the strength of S.14(2) of Family Courts Act, it shall be inhuman, unreasonable and against all norms of logic and law. The true perspective of law is that the bar provided is against the judgment debtor and not against the decree holder agitating against the insufficiency of maintenance allowance decreed by the court. The position of the petitioner as debtor depends upon the determination question of facts. Such factual inquiry can not be under taken in the proceedings of the writ jurisdiction. PETITION DISMISSED.
