‫‪IMPORTANT FAMILY & GUARDIAN ORDERS‬‬

‫‪BY‬‬

‫‪BABAR NADEEM‬‬

‫‪- 1‬یبلط‬
‫‪- 2‬اکروایئرطکیہف‬
‫‪- 3‬ہلصیفربدروخاتسمتخےیکاجےناکروایئرطکیہف‬
‫دوعیاخرج‬
‫‪- 4‬وبہجدعماداخلابلطہن ٰ‬
‫دوعیاخرضوبہجدعماداخلابلطہن‬
‫‪- 5‬ہلصیفربدروخاتساحبیل ٰ‬
‫دوعیدالخ۔لسمرقمرےیکاجےنرباےادتبایئاصمتحل‬
‫‪- 6‬وجاب ٰ‬
‫دوعیدالخہنوہا۔دماعہیلعاکقحدافعمتخ‬
‫‪- 7‬وجاب ٰ‬
‫‪- 8‬ادتبایئاصمتحلاناکم۔احیقنتتوعض۔لسماہشدتدمہیعےکےیل رقمر‬
‫دوعییکقحکت احیقنتتوعض(یلمیفالءںیمامتماحیقنتت)‬
‫‪- 9‬ادتبایئاصمتحلاناکم۔علخیکابتبمکح۔اورہیقب ٰ‬
‫دوعییکقحکت احیقنتتوعض(یلمیفالءںیمامتم‬
‫‪ - 10‬ادتبایئاصمتحلاناکم۔علخیکابتبمکح۔اعریضرخہچاجری۔اورہیقب ٰ‬
‫احیقنتت)‬
‫دوعی‪17-A‬ںیمڈرگی‬
‫‪ - 11‬اعریضرخہچدالخہنوہا۔ ٰ‬
‫‪ - 12‬اہشدتشیپہنوہیئ۔قحاہشدتمتخ‬
‫‪ - 13‬ہلصیفربدروخاتسااجزتاداخلڈیشولوگااہن‪ /‬رہفتسوگااہن‬
‫‪ - 14‬ہلصیفربدروخاتسااجزتدالخرکےنااضیفاہشدت‬
‫‪ - 15‬ہلصیفربدروخاتسرتمیمرعیضدوعی‬
‫‪ - 16‬ہلصیفربدروخاتسمکحاانتمیعربالخفوینینوکلسن‬
 ‫‪ - 17‬ہلصیفربدروخاتسوسنمیخہلصیفوڈرگیرطکیہف‬
‫‪ - 18‬ہلصیفرطکیہفعلخ‬
‫‪ - 19‬ہلصیفرطکیہفرخہچاننوہقفن‬
‫‪ - 20‬ہلصیفرطکیہفعلخ‬
‫‪ - 21‬ہلصیفرطکیہفعلخ‬
‫‪ - 22‬ہلصیفرطکیہفعلخ‬
‫‪Contested judgment - 23‬‬
‫‪ - 24‬ہلصیفربدروخاتسدہعف‪12‬اگرڈنیاڈنیوارڈاٹکی‬
‫‪ - 25‬ہلصیفربدروخاتسدہعف‪07‬اگرڈنیاڈنیوارڈاٹکی‬
‫‪ - 26‬ہلصیفربدروخاتسدہعف‪25‬اگرڈنیاڈنیوارڈاٹکی‬

‫‪“Give a man a fish, and you feed him for a day. Teach a man‬‬
‫”‪to fish, and you feed him for a life time.‬‬

‫سل‬
‫ریمادصقمیھبیہیےہ۔آپوکاگڈیئرکےن‪،‬اتبےن‪،‬اھجمسےناکدصقمرہزگرہزگہیںیہنےہہکوسلججےکااحتم نےک یبسےک‬
‫اطمقبآپوکامہوساالتےکوجاابتاتبدےیاجںیئ۔رضوریرضوریآرڈرزاتبدےیاجںیئ۔رضروریرضوری ‪propositions‬‬
 ‫اتبدیاجںیئ۔ہکلبریمادصقمہیےہہکآپوکوہاوصلاتبدےیاجںیئنجوکاسےنمرےتھکوہےئزدنیگںیمآپیسکیھباقمےلبےک‬
‫ااحتمنوکاپ سرکںیکس۔وکیئیھبآرڈرےنھکلوکہکدایاجےئ‪،‬وکیئیھب ‪ proposition‬لحرکےنوکہکدایاجےئ‪،‬ارگآپاتبےئ‬
‫وہےئاوصولںےکاطمقبایتریرکںیےگوترھپوسالیہدیپاںیہنوہاتہکآپوہآرڈرہنھکلاپںیئ‪،‬آپوہ ‪proposition‬لحہن‬
‫رکاپںیئ۔‬

‫یلمیفالءرپآپوکآڈوی رچکیلزیھبدےیاجےکچںیہ۔زگہتشدواسلےسوطبریلمیفججاکمرکےنیکوہجےسوہرچکیلزدعاتلںیماحلص‬
‫ےیکےئگرجتہبیکاینبدرپدےیںیہ‪،‬ذہلاانوکرہوصرتںینس۔اکیآرڈرےنھکلایرھپاکی ‪ proposition‬وکلحرکےنےکاوصل‬
‫یھباتبدےیےئگںیہ۔ انوکیھباکیرظندھکیںیل۔‬

‫اکیآرڈرےنھکلےکابرےںیممہےندرجذلیاوصلوعضےیکےھت۔‬

‫‪ART OF WRITING AN ORDER‬‬

‫‪BY‬‬
‫‪BABAR NADEEM‬‬
‫رتحمماةحب‪:‬‬
‫اہللاعتٰیلآپبسوکوسلججےکااحتمنںیماپسرکے۔ریمارظنہیےہہکارگیسکدورسےوکاینپابت‬
‫اھجمسینےہوترھپوہزابناامعتسلوہین اچےیہوجآپوکدورسےوکاھجمسےنےکےیلآاسنےگل۔یہیوہجےہ‬
‫ہکآجاکرچکیلیھباردوںیمھکلراہوہں۔‬
‫بسےسالہپوسالہیےہہکبجآپوکاکیآرڈرےنھکلاکاہکاجاتےہوترھپاساکدصقمایکوہاتےہ؟‬
‫‪- 1‬الہپدصقمہیےہہکایکادیموارراگڈیئزےسراٹاگلرکآای ےہایرھپاےنپ ‪ concepts‬رئیلکرکےکآایےہ‬
‫ویکںہکاکیآرڈرویہادیموارھکلاپےئاگسجےکاسہقلعتماقوننسجوکاسےنمرےتھکوہےئآرڈراھکل‬
‫ئ‬
‫ب‬‫ی‬‫سل‬
‫لکوہےگن۔ذہلاآپولگاےنپ سےکاطمقب ‪ bare acts‬وک‬ ‫اجانےہےکابرےںیم ‪ concepts‬ر‬
‫ رئیلکوہےگنوترھپآرڈر‬concepts ‫ رکانرشوعرکںی۔ارگآپےک‬discuss ‫اکیدورسےےس‬،‫ڑپانھ‬
‫انھکلوکیئڑبیابتںیہنوہیگ۔‬
‫دورسادصقمہیےہہکادیموارےناسدحکترپسٹکییکےہہکاےساسابتاکملعوہہکاکیآرڈرےک‬- 2
‫وکنوکنےساینبدیازجاءوہےتںیہ۔‬
‫ایکادیموارےناسدحکترپسٹکییکےہہک وجاقونناسےناتکوبںںیمڑپاھےہوہدےیےئگاحالتو‬- 3
‫وااعقترپالوگیھبرکےکس۔‬

‫دورساوسالہیدیپاوہاتےہہکاکیآرڈرےکوکنوکنےسامہزجوہےتںیہ۔‬

1- Starting with word “ORDER”

2- Date of Order
3- By name attendance of parties and their counsel
4- If order is being written separately on a separate page then it must contain name
of court, title of the case. Remember when an application or case is to be decided,
order is to be written on a separate order sheet.
5- If it is an interim order in continuous of previous interim orders then there is no
need of name of court or title of the case. However, there are three parts of an
interim order. For what purpose case was previously fixed. What is done today
and for what purpose case is adjourned. Interim order must also contain next date
of hearing.
6- Facts of the case/ proposition
7- Arguments of the parties (Optional)
 ‫‪8- Sentence “Arguments heard; record perused.‬‬
‫‪9- Findings with reasons by mentioning relevant law‬‬
‫‪10-‬‬ ‫”‪Ending with word “Announced‬‬
‫‪11-‬‬ ‫‪Stamp bearing Name, Designation and Signature of the Hon’ble Judge‬‬
‫رتحمماةحب‪ :‬ارگآپوکہیملعےہہکاکیآرڈرےتھکلوہےئںیمےننکنکابوتںاکایخلرانھکےہاورآپہکہییھباتپلچایگ‬
‫ہکہقلعتماقوننایکےہسجرپلمعرکےتوہےئوہآرڈرانھکلےہوترھپآپوکیئیھبآرڈرھکلےتکسںیہ۔ریمادصقمہیےہہک‬
‫آپہکےھکلاھکلےئآر ڈرزہندےیاجںیئہکلبآپوکاساقلبانبایاجےئہکآپذموکرہابالاوصولںوکاسےنمرےتھکوہےئوخد‬
‫ےسوکیئیھبآرڈرھکلںیکس۔آدنئہےسںیمآپوکیسکیھباٹکیاک ‪ conceptual audio lecture‬دےدایرکوںاگ‬
‫اورآپوکاتبدایرکوںاگہکانکمموکنوکنےسآرڈروہےتکس ںیہوجااحتمنےکاحلظےستہبمہںیہ۔اسےکدعبآپوکوہ‬
‫آرڈرزےنھکلوہںےگ۔‬
‫دصہقاجرہی‪ :‬وکیئااسیدوتسوجاسرچکیلاکرظتنمےہ۔آپیکذہمداریےہہکانکتاےساچنہپںیئ۔‬
‫رکشہی‬
‫ابربدنمی‬

‫ایسرطحآپوکاکی‪proposition‬ےنھکلےکےیلدرج ذلیآوصلاتبےئےئگےھت۔‬

‫‪1. No need to repeat facts‬‬

‫‪2. No heading‬‬

‫‪3. Avoid unnecessary paragraphs‬‬

‫‪4. Avoid to write arguments on behalf of learned counsel for parties‬‬

‫‪5. Don’t attempt proposition in the shape of an order.‬‬

 6. Must refer relevant law but must not produce wording of relevant section/ rule

7. Answer with reasons by quoting relevant law

‫ لحرکےنےکاوصلیھباتبلچےئگ وت‬proposition ‫اب بج آپےنیلمیفالءرپرچکیلزیھبنسےیل۔آپوکاکیآرڈراور‬

‫ئ‬
‫آیابمہیلمیفالءاکوکیئیھبآرڈرےنھکلیکوکششرکےتںیہ۔‬

‫ ںیہنوہان۔ بسےسےلہپآپ‬confuse ‫رفضرکںیرپیپ ںیمآپوکدماعہیلعوکبلطرکےناکآرڈرےنھکلاکاہکاجاتےہ۔آپےن‬

‫ےنیسکیھبآرڈروکےنھکلےکازجاءوکذنہںیمےلرکآانےہ۔‬

1- Starting with word “ORDER”

2- Date of Order
3- By name attendance of parties and their counsel
4- If order is being written separately on a separate page then it must contain name
of court, title of the case. Remember when an application or case is to be decided,
order is to be written on a separate order sheet.
5- If it is an interim order in continuous of previous interim orders then there is no
need of name of court or title of the case. However, there are three parts of an
interim order. For what purpose case was previously fixed. What is done today
and for what purpose case is adjourned. Interim order must also contain next date
of hearing.
6- Facts of the case/ proposition
7- Arguments of the parties (Optional)
 8- Sentence “Arguments heard; record perused.
9- Findings with reasons by mentioning relevant law
10- Ending with word “Announced”
11- Stamp bearing Name, Designation and Signature of the Hon’ble Judge

‫ ڑپیھیھتاسوک اسےنمرانھکےہ۔یفااحللںیموہکںاگہکآپ‬08 ‫وجدہعف‬،‫اسےکدعبآپےنیبلطےکابرےںیموجرچکیلایلاھت‬

‫ ہیوہےتکس‬ingredients ‫ وکاسےنمرھکںیل۔‬ingredients ‫ یھباےنپاسےنمرھکںیلاوراسےک‬08 ‫یلمیفوکرٹاٹکییکدہعف‬
‫ںیہ۔‬

 15 din sy zyda talbi tee date nahe rakhni.

 05 tareeqon say talbi karni ha
i. Personal service through agency of family court. Es k leay betaya tha kh
process fee (Talbana) eak din k andr ander adalat main jama krwana ho
ga.
ii. Through Registered Post
iii. Through Courier
iv. Through Affixation
v. Through proclamation in newspaper
 Phr yh be dekha tha kh plaint, schedule of witnesses of plaintiff and other relevant
documents kee copy bh sath lagni ha.
 Phr yh bh dekha kh defendant ko order krna tha kh wo written statement sath lay
kr aye.
 ‫ابذموکرہابالاکیآرڈرےکازجاءاوریبلطیکدہعفوکاسےنمرےتھکوہےئمہآرڈرےنھکلیکوکششرکےتںیہ۔‬

‫‪ORDER‬‬
‫‪30.07.19‬‬

‫‪Present:‬‬ ‫‪Petitioner Mr. Sarwar along-with Counsel Mr. DEF‬‬

‫‪Respondent Mst. Amina along-with Counsel Mr. GHI‬‬

‫‪Body of Order‬‬

‫‪Announced:‬‬ ‫)‪(XYZ‬‬
‫‪24.09.2019.‬‬ ‫‪Guardian Judge, ABC‬‬

‫یسکیھبآرڈرےنھکلاکذموکرہابال ‪ specimen‬ےہ۔اسوکےبکشابرابرھکلرکایدرکںیل۔رڈیرایسیہ اک بلطمےہہکاحالتو‬

‫وااعقتےکاطمقبہیرحتریدبتلیوہیترےہیگ۔‬

‫‪ORDER‬‬
‫‪03.08.19‬‬

‫‪Present:‬‬ ‫‪Petitioner Mst. OPR along-with Counsel Mr. DEF‬‬

 This is a fresh suit. Let it be registered and numbered accordingly.

As the suit is fresh, a summon along-with copy of plaint, schedule of

witnesses of plaintiff and other relevant documents be served upon the

defendant through process service agency of Family court for 13.08.2019

subject to deposit of process fee within one day from this order with a

direction to the defendant to submit written statement on 13.08.2019. Said

summon also be served upon the defendant through registered post

acknowledgement due, courier TCS, affixation as well as proclamation in

newspaper “Jang”.

Announced: (XYZ)
03.08.2019.
JUDGE FAMILY COURT, ABC

‫ذموکرہابالرطہقیاکروکاسےنمرےتھکوہےئارگآپوک اقوننیکہقلعتمدہعفرپوبعراحلصےہوترھپآپوکیئیھبآرڈرھکلےتکسںیہ۔‬
‫ڑپںیھےگ‬bare acts ‫ رکںیےگ۔‬conceptual study ‫اقوننرپوبعربتاحلصوہاگبجآپاگڈیئزاورونسٹوکوھچڑرک‬
‫رکںیےگ۔‬discuss‫اوراکیدورسےےس‬
‫ وکیبلطوہیئگرگمدماعہیلع دعاتلںیمشیپیہںیہنوہا۔ وتًانیقیابدماعہیلعہکالخفاکروایئرطکیہفلمعںیمآین‬13.08.2019
/ ‫ےہ۔ابرچکیلںیمںیمےناتبایاھتہکدعایتلامندیئہروپرٹدالخرکےاگہکدماعہیلعیکیبلطوہیئےہایںیہن۔اپسچدنیگ‬
‫اابخردالخ‬،‫ وہیئگےہ۔اسےکالعوہدمہیعےکوکلسنردیسات ررٹسجیافلہفووکرریئرسوسدالخرکںیےگ‬affixation
‫رکںیےگاہجںےسہتپےلچاگیبلطوہیگےہرگمدماعہیلعدعاتلںیمشیپںیہنوہا۔‬

ORDER
03.08.19

Present: Petitioner Mr. Sarwar along-with Counsel Mr. DEF

Today the case was fixed for appearance of the defendant along-with
written statement.

As per report of process server, defendant has been served personally;

report of affixation has also been submitted. Receipts of registered post
and courier has also been submitted. Newspaper has also been submitted.

Despite due serve, file remained pending for the whole day for appearance
of the defendant but defendant failed to appear before the court. As court
time is likely to over, so, ex-parte proceeding is hereby initiated against the
defendant and the case is fixed for plaintiff’s ex-parte evidence for
23.08.2019.
‫‪Announced:‬‬ ‫)‪(XYZ‬‬
‫‪03.08.2019.‬‬
‫‪JUDGE FAMILY COURT, ABC‬‬

‫ِ‬
‫وصرتاحلہییھبوہیتکسیھتہکدماعہیلعےکالخفاکروایئرطکیہفلمعںیمالیئیئگاورلسموکوبثترطکیہفےکےیلرقمر‬ ‫اکی‬
‫رکدایایگ۔سجدنوبثترطکیہفدنبملقوہاناھتاسدندماعہیلعدعاتلںیم شیپوہایگ۔دماعہیلعےناکیدروخاتسرباےئمتخےیک‬
‫اجےنرکاوایئرطکیہفدالخرکدی۔آدنئہاترخییشیپرپدروخاتساکوجابآایگاورلسموکثحبربدروخاتسمتخےیکاجےن‬
‫اکروایئرطکیہفامستعوہیئ۔ابدروخاتسرپمکحاجریوہانےہ۔‬

‫‪ORDER‬‬
‫‪03.08.19‬‬

‫‪Present:‬‬ ‫‪Petitioner Mr. XYZ along-with Counsel Mr. DEF‬‬

‫‪Respondent Mr. PQR along-with Counsel Mr. DEF‬‬

‫‪Today case is fixed for plaintiff’s evidence. At this juncture,‬‬

‫‪defendant has moved an application for setting aside ex-parte proceedings‬‬
‫‪dated 23.07.2019 with the assertion that defendant was not duly served as‬‬
 his address mentioned in the plaint is incorrect. That is why, defendant has
not received any summon/ notice, registered post, courier or newspaper.

On the other hand, plaintiff vehemently opposed said

application on various factual as well legal grounds and prayed for
dismissal of the same.

Arguments heard; record scanned.

Record depicts that defendant’s address mentioned on his

CNIC is different from address mentioned on the plaint. Said difference of
addresses seems to be a good cause for setting aside ex-parte proceeding
dated 23.07.2019. Even otherwise, above captioned application has been
moved within time. It is also a settled principle of law favours the decision
of the cases on merit rather knock out on technical grounds. Hence, above
mentioned application for setting aside ex-parte proceedings dated
23.07.2019 is hereby accepted and the case is fixed for written statement
for 13.08.2019

Announced: (XYZ)
03.08.2019.
JUDGE FAMILY COURT, ABC
 ‫وکررئیںیہن‬،‫ یہںیہنعمجرکوایئ۔ہیرھپرجسڑریافلہف‬process fee/ ‫وصرتاحلہییھبوہیتکسےہہکدمہیعےنابلطہن‬
ِ ‫اکی‬
‫رکوای‬

ORDER
03.08.19

Present: Petitioner Mr. Sarwar along-with Counsel Mr. DEF

Today the case was fixed for appearance of the defendant along-with
written statement but as per report of Ahlmad process fee has not been
submitted. Receipts of registered post and courier have also been not
submitted. Newspaper has also not been submitted. Under these
circumstances, plaintiff’s suit is hereby dismissed for non-deposit of
process fee. File be consigned to record room after due compilation.

Announced: (XYZ)
03.08.2019.
JUDGE FAMILY COURT, ABC

‫ایخلرےیھکاگ۔ہکارگآرڈررطکیہفاٹپئاکوہایرھپدماعہیلعیکیبلطاکوہوترھپدماعہیلعیکاحرضیںیہناگلین۔‬

‫دوعیوکاحبلرکےنیکدروخاتسدالخرکدی۔‬
ٰ ‫دوعیاخرجرکدای ۔ابدمہیعےن‬
ٰ ‫ججاصبحےندعماداخلابلطہنیکوہجےس‬
ORDER
03.08.19

Present: Petitioner Mr. OPQ along-with Counsel Mr. DEF

Petition for restoration of the suit is fresh, let it be registered.

Above mentioned application has been moved with the assertion that on
01.08.2019, plaintiff’s suit was dismissed for non-deposit of process fee.
That plaintiff could not submitted process fee and receipts of registered
post and courier because plaintiff was seriously ill.

Arguments heard; record perused.

Perusal of record depicts that on 01.08.2019, plaintiff’s suit was dismissed

for non-deposit of process fee. Above mentioned application is within
time. Plaintiff has also annexed medical record regarding her illness.
Otherwise, it is a settled principle of law that a controversy between the
parties be decided on merit rather knockout on technical grounds, hence,
above mentioned application for restoration of suit is hereby accepted, suit
is restored as its original number. Now further proceedings will be
conducted in the main file. Instant petition be annexed with the main suit
file.

Announced:
03.08.2019. (XYZ)
JUDGE FAMILY COURT, ABC

‫دوعیرخہچ‬
ٰ ‫دوعییھبےلآایےہ۔ابلسموکادتبایئثحبےکےیلرقمررکانےہ۔اورارگ‬
ٰ ‫دماعہیلعدعاتلںیمآایگےہ۔وجاب‬
‫اننوہقفناکےہوترھپاعریضرخہچرپثحبےکےیلیھبرقمررکانےہ۔‬

ORDER
03.08.19

Present: Petitioner Mr. XYZ along-with Counsel Mr. DEF

Respondent Mr. PQR along-with Counsel Mr. DEF

Today the case was fixed for written statement. Written

statement is submitted. So, case is adjourned for pre-trial reconciliation
proceedings as well as arguments regarding fixation of interim
maintenance for 13.08.2019.

Announced: (XYZ)
03.08.2019.
JUDGE FAMILY COURT, ABC
‫ےکتحتمہاس‬9(5-A) ‫دوعیدالخہنایکےہ۔ابیلمیفوکرٹاٹکییکدہعف‬
ٰ ‫دماعہیلعوکیئکوماعقدےیےئگرگماسےنوجاب‬
‫اکقحدافعمتخرکںیےگ۔‬

ORDER
03.08.19

Present: Petitioner Mr. XYZ along-with Counsel Mr. DEF

Respondent Mr. PQR along-with Counsel Mr. DEF
Today, the case was fixed for written statement with absolute
last and final opportunity but the same has not been submitted. Even no
plausible justification regarding non-submission of the same has been
brought on record. Under these circumstances, defendant’s right to defend
suit is hereby struck off under section 09(5-A) of Family Court Act, 1964
and the case is fixed for plaintiff’s evidence for 18.08.2019.

Announced:
03.08.2019. (XYZ)
JUDGE FAMILY COURT, ABC

‫دوعیےکدعبلسمادتبایئاصمتحلےکےیلرقمریھت۔ادتبایئاصمتحلیکابتبآرڈراےسیوہاتکسےہ۔‬
ٰ ‫وجاب‬
 Today, the case was fixed for pre-trial reconciliation proceedings of the
parties. The plaintiff intends to record his statement. Let the same be recorded.

STATEMENT OF THE PLAINTIFF NAMELY, NADEEM AHMED

SON OF NAIK MUHAMMAD RESIDENT AL-MERAJ COLONY, WHEATMAN
ROAD, MUGHALPURA, LAHORE CANTT. LAHORE. ON OATH.

“It is stated that I want to reconcile the matter.

RO & AC. Judge Family Court

25.01.18 Lahore.

Defendant did not appear to join the reconciliation proceedings which shows she
is not interested to reconcile the matter.

By taking into consideration the statement of the plaintiff, the reconciliation

proceedings are hereby declared failed.

Out of the divergent pleadings following issues were framed are as under:

ISSUES

1. Whether the suit of the plaintiff is entitled for decree of restitution of conjugal
rights? OPP
 2. Whether plaintiff’s suit being false and frivolous is liable to be dismissed?

OPD

3. Relief.

Now to come up for plaintiff’s evidence for 26.02.2018.

: ‫دوعیےہ۔ابآرڈرویںوہاتکسےہ‬
ٰ ‫رفضرکںیلہکدوعٰیسجںیمادتبایئاصمتحلاناکموہیئےہوہعلخاک‬

Today the case is fixed for the pre-trial reconciliation proceedings. Parties
intend to record their statement. Let the same be recorded.

STATEMENT OF PLAINTIFF

I preferred death instead to live with the defendant and not ready to
perform matrimonial obligations in the house of the defendant at any cost.

STATEMENT OF DEFENDANT

I am ready to reconcile with the defendant

Keeping in view above statement of the parties, pre-trial reconciliation

proceedings are hereby declared unsuccessful and suit of the plaintiff for dissolution of
marriage is hereby decreed Under the Provision of Section 10 (5) of West Pakistan
Family Courts Act 1964 and marriage between the parties stands dissolved on the basis
of Khula, subject to return of 25% o admitted prompt dower. Costs shall follow the event.
Decree sheet be prepared to extent of dissolution of marriage. File be consigned record
room after due compilation." ‫"ارگقحرہمدصیفادادشوہوتہیمکحوہاگ‬

Keeping in view above statement of the parties, pre-trial reconciliation

proceedings are hereby declared unsuccessful and suit of the plaintiff for dissolution of
marriage is hereby decreed Under the Provision of Section 10 (5) of West Pakistan
Family Courts Act 1964 and marriage between the parties stands dissolved on the basis
of Khula, subject to surrender of 50% of deferred dower. Paintiff is entitled to recover
50% of remaining deferred dower. Costs shall follow the event. Decree sheet be prepared
to extent of dissolution of marriage.

‫وہںوتانیکدحکتاصمتحلاناکمرکےتوہےئاحیقنتتوعضرکدینیںیہ۔‬claims‫ارگعلخےکاسھتاوریھب‬

To narrow down the controversy between the parties following issues are
hereby framed:-

ISSUES

‫یلمیفالءںیمدرجذلیاحیقنتتوہیتکسںیہ۔‬

1. Whether the plaintiff is entitled to recover maintenance allowance from the

defendant, if so, at what rate and for what period? OPP

2. Whether the plaintiff is entitled for recover of dowry articles from the

defendant? OPP

3. Whether the plaintiff is entitled for recovery of 06-Tolas gold from the

defendant? OPP

4. Whether the plaintiff is entitled for recovery of dower from the defendant?

OPP

5. Whether the plaintiff is entitled for recovery of 05-Marlas Plot from the

defendant? OPP

6. Whether the plaintiff is entitled for recovery of pocket money Rs. 10,000/-

per month from the defendant? OPP

7. Whether the plaintiff is entitled for recovery of delivery expenses from the

defendant? OPP

Relief.

Now to come up for plaintiff evidence for 30.01.2018

 ‫ابوصرتاحلہیلسمادتبایئاصمتحلےکےیلیھبرقمریھتاوررقتریاعریضرخہچرپثحبےکےیلیھبرقمریھت۔ رفنیقی‬
‫ںیموسنمخرکدانیےہ۔اوراعریضرخہچیکابتب‬10(5) ‫ےکایبانتےتھکلوہےئاصمتحلاناکمرکدینیےہ۔ارگعلخےہوتاکنحیھب‬
‫درجذلیآرڈررکانےہ۔‬

Arguments regarding fixation of interim maintenance of minor/ plaintiff

no.02 heard; record perused.

As per contents of plaint, plaintiffs’ stance is that plaintiff no.02/ minor is

10 years old; he is school going child and his monthly fee is Rs.32,00/- per month; that
defendant is an employee with salary Rs.50,000/- per month.

As per written statement, defendant’s version is that defendant is presently

jobless.

Keeping in the view pleadings of the parties regarding needs/

expenditures of minor and source of income of defendant, tentatively, Rs.65,00/- per
month is hereby fixed as interim maintenance of plaintiff no.02 which will be paid
before 14th day of every month. In case of default, suit will be decreed u/s 17-A of
Family Court Act, 1964.

‫اع ریضرخہچاوراحیقنتتوعضرکانوصقمدوہںوتیئکہلئسمںیہن۔آرڈرانھکلرشوع‬،‫علخ‬،‫ارگاکییہآرڈرںیمادتبایئاصمتحل‬
‫رھپدورسےرفقیاکھکلںیل۔رھپاےلگریپہںیاصمتحلاناکمرکدںیاورعلخیکدحکتآرڈر‬،‫رکںی۔ےلہپاکیرفقیاکایبنھکلںیل‬
‫رکدںی۔اسےکدعباےلگریپہںیماعریضرخہچیکابتبرفنیقی اکومفقھکلںیل۔اسےساےلگریپہںیماعریضرخہچاگلدںی۔اس‬
 ‫ےساےلگریپہںیماحیقنتتوعضرکدںیاوررھپلسموکاہشدتدمہیعاورادایگیئاعریضرخہچےکےیلرقمررکدںی۔ہیوپری‬
‫مہاورپدحیلعہدحیلعہآرڈرزںیمرکےکچںیہ۔آپےناکییہآرڈرںیمبسریپااج تھکلدےنیںیہ۔‬exercise

‫ںیمڈرگیرکانےہ۔‬17-A ‫دوعیوک‬
ٰ ‫ابوصرتاحلیہےہہکاعریضرخہچاداہنوہاےہ۔ابمہےن‬

Today the case is fixed for plaintiff’s evidence as well as payment of

interim maintenance allowance. The defendant did not appear before the court for the

payment of interim maintenance allowance. Record reveals that defendant has badly

failed to provide the interim maintenance allowance. Rs.4500/- per month was fixed as

interim maintenance allowance vide order dated 15.02.2017 but the defendant has failed

to pay a single penny as interim maintenance allowance in the Court and the fact is quite

much clear that defendant is reluctant to pay interim maintenance allowance fixed by

this court till today.

Under these circumstances, keeping in view the needs of the plaintiffs and necessity of

supporting documents on record of the case according to section 17 (A) of Family Court

Act, 1964, plaintiffs claim to the extent of maintenance allowance is hereby decreed as

per rate of Rs.5,000/- per month for each plaintiff from the institution of the suit till
their legal entitlement. Decree sheet be drawn up accordingly. File be consigned to the

record room within stipulated time i.e 7 days after its due completion and compilation.

‫ذہلااساکقح‬،‫دماعہیلعوکاہشدتےکےیلیئکوماعقدےیےئگرگماہشدتشیپہنوہیئ‬
‫اہشدتمتخرکدایایگ۔‬

Today, the case was fixed for evidence of defendant. Learned counsel for
the defendant has requested for an adjournment. Record transpires that the defendant
has been granted many opportunities to produce his evidence but he failed to produce the
same. Today no plausible explanation has been ascribed by the learned counsel for the
defendant for further adjournment. Hence, the right of defendant to produce evidence is
hereby closed. Now to come up for post trial reconciliation proceedings on 15.04.2016.

‫دماعہیلعےنڈیشولوگااہنایرہفتسوگااہندالخرکےنےکےیلدروخاسدیےہ۔‬

Today the case was fixed for arguments over an application

submitted by the plaintiff through her learned counsel with the contention that the
plaintiff mistakenly failed to submit list of witnesses. The plaintiff/petitioner finally
prayed that instant application my kindly be accepted and permission be granted to file
list of witness.

Learned counsel for the defendant/respondent vehemently opposed that

application by filing written reply and through arguments.
Arguments heard. Record perused.

Record reveals that the plaintiff/petitioner filed this suit for

recovery of dowry articles. Although reasons given by the petitioner for default are not
plausible but it is settled principle of law that matter should be decided on merits and no
one should be knocked out on the basis of technicalities. So, keeping in view of the large
interest of justice, the instant application of the plaintiff/petitioner is hereby accepted
subject to the costs of Rs.1000/-. Now to come up for submission of list of
witness/schedule of witnesses and payment of costs on 22.12.2016.

‫دمہیعےنااضیفاہشدتشیپرکےنےکےیلدروخاتسدالخیکےہ۔‬

Today the case was fixed for arguments over an application submitted by
the plaintiff through her learned counsel with the contention that the plaintiff mistakenly
failed to mention receipts of dowry articles and receipts of medical treatments as well as
school certificates of minors in her list of reliance. The plaintiff further contended that
the proposed documents are necessary to prove her case. The plaintiff/petitioner finally
prayed that instant application my kindly be accepted and permission be granted to
submit purposed documents.

Learned counsel for the defendant/respondent vehemently opposed that

application by filing written reply and through arguments.

Arguments heard. Record perused.

 + Record reveals that the plaintiff/petitioner filed this suit for
maintenance of allowance of plaintiff No.1 as well as minor plaintiff No.2 to 4 and
recovery of dowry articles. Said proposed evidence is expedient in the interest of justice.
The purposed documents will help the Court to ascertain the matter of controversy. So,
the instant application in hand is hereby accepted subject to the costs of Rs.500/-. The
plaintiff is directed to submit her whole documentary evidence on 03.04.2017.

‫دوعیآیئےہ۔‬
ٰ ‫اکیدروخاتسرباےئرتمیمرعیض‬

KEY POINTS TO REMEMBER:

 Amendment should not change the nature of claim or relief

 Lenient view is to be taken if evidence of the parties is yet to be recorded.
 Amendment is necessary for the jus decision of the case.

24.07.2017 Present: Learned counsel for the plaintiff.

Today the case is fixed for arguments over the application for amendment
in plaint. Plaintiff filed this instant application with the contention that at the time of
filling of the suit, name of the defendant was inadvertently, due to bona-fide mistake of
typographical error of the stenographer was mentioned as Tania Yousaf Hussain instead
of Tania Yousaf; that said amendment in neither going to change complexion of the suit
nor will introduce new cause of action. At the end the plaintiff/petitioner finally prayed
that the instant application may kindly be accepted and permission be granted to amend
the plaint.

Arguments heard record perused.

Perusal of the record reveals that the plaintiff filed this instant suit for judicial
sepration against the defendant namely Tania Yousaf Hussain but process of summoning
was initiated against Tania Yousaf. Proclamation in local as well as international
newspaper was also published in the name of Tania Yousaf. The plaintiff submitted his
ex-parte evidence and in his evidence he also named defendant as Tania Yousaf. So in
these circumstances the acceptance of this instant application will not change the
complexion of the suit. So in the interest of justice, the instant application in hand is
hereby accepted. At this juncture, learned counsel for the plaintiff filed amended plaint.

‫وینینوکلسنےکالخفمکحاانتمیع‬

KEY POINTS TO REMEMBER:

 u/s 22, injunction cannot be granted against UC

The plaintiff has filed this instant application with the contention
that respondent No.1 had filed a suit for dissolution of marriage on the basis of Khullah
titled Mst. Sadia Naeem Vs. Muhammad Naeem Zafar Pasha, which was decreed in
favour of the respondent No.1 on 23.04.2016; that after receiving the notices u/s 7(4) of
decree for dissolutioin of marriage, the respondent No.2 did not constitute arbitration
council for purpose of reconciliation between the parties; that respondent No.1 did not
approached the respondent No.2 for effectiveness of divorce nor joined the
reconciliation proceedings; that respondent No.1 did not comply with order dated
23.04.2016 for returning of prompt dower. At the end, the petitioner finally prayed that
the instant application may kindly be accepted and respondent No.2 may kindly be
directed not to issue certificate of divorce without adopting legal requirements

On the other hand, right of respondent No.1 for submission of written reply
was closed and instant application to the extent of respondent No.2 was dismissed vide
order dated 23.06.2017.

Arguments heard. Record perused.

Perusal of the record reveals that through this instant application,

the petitioner wants to get a injunctive order against the proceeding of administrator
arbitration council (respondent No.2). As per section 22 of Muslim Family law 1964, A
Family Court shall not have the power to issue an injunction to, or stay any proceedings
pending before, a Chairman or an Arbitration Council. So in accordance with section 22
of Family Court the instant application is barred by law. Hence, the instant application in
hand is hereby dismissed. Ahlmad namely, Amir Khursheed is directed to consign the
file to record room after its due completion and compilation.
 ‫دوعیدارئوہا۔دماعہیلعیکیبلطوہیئ۔دماعہیلعشیپںیہنوہا۔رطکیہفاکروایئلمعںیمالیئیئگ۔رطکیہفاہشدتدنبملقوہیئ۔‬
ٰ ‫اکی‬
‫دوعیڈرگیوہےنےکدعبدماعہیلعےنرطکیہفہلصیفوڈرگیوکوسنمخ‬
ٰ ‫دوعیرطکیہفڈرگیوہایگ۔‬
ٰ ‫رطکیہفثحبامستعوہیئاور‬
‫رکےنیکدروخاتسدےدی۔وجابدروخاتسدالخوہا۔ثحبامستعوہیئاوردروخاتسوسنمیخہلصیفوڈرگیرطکیہفاکہلصیف‬
:‫ایکایگ‬

KEY POINTS TO REMEMBER:

 An application for setting aside ex-parte judgment & decree is being filed u/s
10(6)
 Section 10(6) provides to grounds to set aside ex-parte judgment & decree.
Defendant was not duly served or defendant was prevned by unavoidable
circumstances from appearance before court.
 To the extent of khula, an ex-parte decree cannot set aside because if divorce
effectiveness certificate has not been issued yet, parties have an alternative
remedy to appear in concerned Union council to reconcile the matter and if the
divorce effectiveness certificate has been issued, again, parties are at liberty to
remery with each other without any intervention under MFLO.
 A party should not be knockout on technical grounds

1. Through this order I intend to decide application for setting aside ex-parte judgment

& decree dated 03.05.2018 passed in a suit for dissolution of marriage on the basis of

Khulla, recovery of maintenance and dowry articles.

2. The petitioner/defendant has moved said application with the contention that

petitioner has never ever received any summon/ notice or any newspaper as

petitioner’s address mentioned in the plaint is wrong one; all the reports of service

annexed to the record have been obtained by the respondent fictitiously by joining

hands with the process server; that is why, he remained unaware about the said ex-

parte judgment & decree; that he came to know about the said ex-parte judgment and

decree when he received notice in the execution of said ex-parte judgement and

decree/ through some relatives, yesterday; at which he inspected case file on

11.11.2017 and came to know about impugned ex-parte judgment and decree; that

petitioner’s valuable rights are involved in the case and law demands in such

situation case should be decided on merit; that it is also a settled principle of law that

no one should be condemned unheard; at the end, it way prayed to set aside ex-parte

judgment and decree dated 03.05.2018 by accepting instant application.

3. On the other hand, defendant vehemently opposed this application on legal as well as

factual grounds while contending that defendant was properly summoned all modes

of service; that absence of defendant was intentional and deliberate.

4. Arguments heard, record perused.

5. So far as setting aside ex-parte judgment and decree of dissolution of marriage is

concerned, it is stated that if divorce certificate has not been issued up till now,

petitioner has an alternative and efficacious remedy to reconcile the matter after

appearing before competent authority in the concerned union council and if the

divorce certificate has been issued then instant application to the extent of setting

aside ex-parte judgment and decree of dissolution of marriage has become

infructuous, hence, petitioner’s application to the extent of setting aside ex-parte

judgment and decree of dissolution of marriage is hereby dismissed.

6. So far as setting aside ex-parte judgment and decree of maintenance and dowry

articles is concerned, it is stated that/ record depicts that impugned judgment and

decree was passed ex-parte after adopting all modes of service; nikahnama and
 petitioner’s CNIC annexed to record further reveals that petitioner was served at

correct address, however, keeping in view the principle that a case should be decided

on merit and no one should be condemned unheard, instant petition is hereby

accepted to the extent of dowry articles and maintenance subject to costs of

Rs.1,000/-.

7. Now proceedings will be conducted in main file. Instant application and other record

be annexed with the main file.

:‫رطکیہفہلصیفعلخ‬
Judgment Sheet

IN THE COURT OF MR. BABAR NADEEM

JUDGE FAMILY COURT, LAHORE.

Family Suit no: PB-LHR-F.C/3419/19/

1459/FC/01.03.2019

Date of Institution: 01.03.2019

Date of Decision: 22.04.2019

Noreen Shaukat daughter of shaukat Ali, resident of House # 87-B, Phase-

B, Judicial Colony, Thokar Niaz Baig, Lahore.

---------PLAINTIFF
 VERSUS

Muhammad Ramzan son of Rasheed Khan, resident of House # 28-G, Tehsil

Jattan Wala, District Faisalabad.

-------DEFENDANT

SUIT FOR DISSOLUTION OF MARRIAGE ON THE BASIS OF KHULLA.

EX PARTE JUDGMENT:

Plaintiff’s grievance as voiced through instant suit is that as per Muslim Rites
marriage between plaintiff Noreen Shaukat and defendant Muhammad Ramzan was
solemnized on 19.06.2011 in lieu of Rs.1,000/- as dower which was paid at the time of
marriage; that after marriage, plaintiff (wife) started to perform matrimonial
obligations at her conjugal house; that out of their wedlock, three children were born;
that plaintiff claim:

Dissolution of Marriage on the basis of Khula on the ground that due to cruel
conduct of defendant, it is impossible for her to lead marital life with the
defendant within the prescribed limits ordained by Allah Almighty, hence,
claim of Dissolution of Marriage on the basis of Khulla.

That defendant was summoned through all modes of service but he failed to
appear before the court, eventually, on 11.03.2019 ex-parte proceeding was
initiated against the defendant and ex-parte evidence was summoned.
 In ex-parte evidence plaintiff produced following oral as well as documentary
evidence:

PW-1: Plaintiff Noreen Shaukat herself.

PW2: Mr. Muhammad Ahsan
Mark-A: Photocopy of Nikahnama

I have heard the learned counsel for the plaintiff at considerable length and
have perused the record very carefully.

In respect of plaintiff (wife)’s claim of decree of Khulla, it is stated that

plaintiff has categorically deposed that she has developed a sever hatred against the
defendant and cannot live with him. Islam does not appreciate hateful union, hence,
in view of the above circumstances the marriage of the plaintiff is dissolved on basis of
khula as prayed by her subject to return of 25% of admitted prompt dower. A copy of
this judgment be sent to defendant as well as concerned Union Council for issuance of
certificate regarding effectiveness of Talaq, on plaintiff’s expenses. Costs shall follow
the event. Decree sheet be prepared. File be consigned to the record room within
stipulated time i.e 7 days after its due completion and compilation.

Announced:

22.04.2019 BABAR NADEEM

Judge Family Court

Lahore.

Certificate:-

It is certified that this judgment

consists of two (02) pages and each page has
been dictated, read over, corrected and signed
by me.

Dated:- 22.04.2019

Judge Family Court

 Lahore.

:‫رطکیہفہلصیفرخہچاننوہقفن‬

Judgment Sheet

IN THE COURT OF MR. BABAR NADEEM

JUDGE FAMILY COURT, LAHORE.

Family Suit no: PB-LHR-F.C/16552/18/

1116/FC/29.10.2018
Date of Institution: 27.10.2018
Date of Decision: 16.04.2019

1. SANA BASHIR daughter of Muhammad Bashir.

2. HINA BASHIR daughter of Muhammad Bashir.
3. FIAZA BASHIR daughter of Muhammad Bashir.
4. ASMA BASHIR daughter of Muhammad Bashir.
5. MUHAMMAD MUSTAFA son of Muhammad Bashir.

Plaintiff # 04 & 05 are minors and filling instant suit

through their real sister /next friend/plaintiff # 01.

All are residents of House # 26, Nashaiman Iqbal Housing

Society Lahore.

---------------(PLAINTIFFS)

VERSUS.

MUHAMMAD BASHIR son of Muhammad Shafi, resident of Mohan

Post office Gharmala Tehsil & District Jehlum.
 ---------------(DEFENDANT)

SUIT FOR RECOVERY OF MAINTENANCE.

EX PARTE JUDGMENT:

Plaintiffs’ grievance as voiced through instant suit is that plaintiff #

01 namely Sana Bashir, DOB: 18.03.1992, plaintiff # 02 namely Hina Bashir,
DOB: 10.12.1993, plaintiff # 03 namely Fiaza Bashir, DOB: 01.05.1998,
plaintiff # 04 namely Asma Bashir, DOB: 24.04.2001 and plaintiff # 05 namely
Muhammad Mustafa, DOB: 18.02.2006 were are children of defendant (father);
that being minors, plaintiff # 02 to 05 are claiming maintenance through
plaintiff # 01 (sui juris but still unmarried) who has no interest adverse
towards minors; that claims as made through instant suit are:
Recovery of Maintenance on the ground that in the month of January-
2016, defendant expelled the plaintiffs from his house in helpless
condition along-with their mother; since then, defendant failed to
maintain each plaintiff, hence, claim of maintenance; that the plaintiff #
01 Sana Bashir completed her education to graduation level; plaintiff #02
Hina Bashir completed her study in Bachelor of Business Administration
from University of Punjab; plaintiff #03 Faiza Bashir is studying in third
year at University of Punjab; plaintiff #04 Asma Bashir is studying in
eight class and plaintiff #05 Muhammad Mustafa is studying in 7th class;
that defendant is retired from Pakistan Army and also doing his private
business and also have rental income; that the defendant earning from
different sources and monthly income of the defendant is Rs.90,000/-,
so, he can easily maintain each plaintiff at the rate of Rs.10,000/- per
month since January, 2016 to December 2016; then at the rate of
Rs.10,500/- per month since January 2017 to December 2017; then at
the rate of Rs.11,000/- since January 2018 to October 2018 and finally
 at the rate of Rs.50,000/- for all plaintiffs since November 2018 till their
legitimate period.

2. That defendant was summoned through all modes of service but he

failed to appear before the court, eventually, on 14.11.2018, ex-parte
proceeding was initiated against the defendant and ex-parte evidence was
summoned.
3. In ex-parte evidence, plaintiff produced following oral as well as
documentary evidence.
PW-1: Plaintiff Hina Bashir herself.
PW-2: Mr. Muhammad Asif
PW-3: Sana Bashir
Exh.P1: Receipt of University Fees
Exh.P2: Certificate of BBA of plaintiff # 02
Exh.P3: Result Card of plaintiff # 03
Exh.P4 to P16: Receipts of Educational expenses
Exh.17: Entry Test for MBA of plaintiff #
02
Exh.P18: Bay Form of minors
Mark-A: Photocopy of rent agreement
Mark-B: Photocopy of suit for dissolution
of marriage titled “Mst. Ghazala
Jabeen Vs. Muhammad Bashir.
Mark-C: Photocopy of marriage
registration certificate

4. Ex-Parte Arguments heard; record perused.

5. Having heard learned counsel for the plaintiffs and scanning whole
record, my findings are as under:
 6. Each plaintiff has claimed its maintenance at the rate of
Rs.10,000/- per month since January, 2016 to December 2016; then at the
rate of Rs.10,500/- per month since January 2017 to December 2017; then at
the rate of Rs.11,000/- since January 2018 to October 2018 and finally at the
rate of Rs.50,000/- for all plaintiffs since November 2018 till their legitimate
period.

7. So far as the maintenance of plaintiff (minors) are concerned, it is

stated that being father defendant is legally, morally and religiously under
obligation to maintain minors, hence, plaintiff (minors) are entitled to be
maintained by the defendant. As there is nothing in rebuttal to plaintiffs’ claim,
hence, plaintiffs are entitled for maintenance since January 2016.

8. So far as rate of maintenance is concerned, it is stated that

there are five daughters and son of defendant i.e plaintiff # 01 namely Sana
Bashir, DOB: 18.03.1992, plaintiff # 02 namely Hina Bashir, DOB: 10.12.1993,
plaintiff # 03 namely Fiaza Bashir, DOB: 01.05.1998, plaintiff # 04 namely
Asma Bashir, DOB: 24.04.2001 and plaintiff # 05 namely Muhammad
Mustafa, DOB: 18.02.2006; As per school fee cards (Exh.P11 & P14) only
school fee of each of plaintiff # 04 & 05 is about Rs.3,100/- per month; as per
college fees (Exh.P8 & P9) only college fees of plaintiff # 03 for one year is about
Rs.7,820/- and as per University fee (Exh.P1 & P4), only University fee of
plaintiff # 01 & 02 in past was about Rs.17,195/- for one semester; though
plaintiff has alleged that defendant is retired from Pakistan Army and also
doing his private business and also have rental income and that the defendant
is earning from different sources and his monthly income is Rs.90,000/- yet no
documentary evidence to establish defendant’s source of income has been
brought on record. It is understood that food, milk, cloths etc are the basic
needs of plaintiffs Hence, by applying rule of thumb and by keeping in view
plaintiffs’ age, needs, defendant’s source of income, inflationary trends and the
devaluation of rupee, each of plaintiff # 01 to 05 is hereby declared entitled to
recover maintenance allowance at the rate of Rs.7,000/- per month with 10%
annual since January 2016 till their legal entitlement. Annual increment will
be calculated from January 2016.
RELIEF

For what has been discussed above, the suit of the plaintiffs is hereby
partially decreed ex-parte in the favour of plaintiffs against the defendant in the
following ways.

 PLAINTIFF # 01 is hereby declared entitled to recover maintenance

allowance at the rate of Rs.7,000/- per month with 10% annual
increment since January 2016 till date of marriage. Annual increment
will be calculated from January 2016.

 PLAINTIFF # 02 is hereby declared entitled to recover maintenance

allowance at the rate of Rs.7,000/- per month with 10% annual
increment since January 2016 till date of marriage. Annual increment
will be calculated from January 2016.

 PLAINTIFF # 03 is hereby declared entitled to recover maintenance

allowance at the rate of Rs.7,000/- per month with 10% annual
increment since January 2016 till date of marriage. Annual increment
will be calculated from January 2016.

 PLAINTIFF # 04 is hereby declared entitled to recover maintenance

allowance at the rate of Rs.7,000/- per month with 10% annual
increment since January 2016 till date of marriage. Annual increment
will be calculated from January 2016.

 PLAINTIFF # 05 is hereby declared entitled to recover maintenance

allowance at the rate of Rs.7,000/- per month with 10% annual
 increment since January 2016 till age of majority. Annual increment
will be calculated from January 2016.

Costs shall follow the event. Decree sheet be prepared accordingly.

Ahlmad of this court Namely Haider Ali is hereby directed to consign the file to
the record room after its due completion.

Announced BABAR NADEEM

16.04.2019 Judge Family Court,

Lahore.

Certified that this judgment consists of four (04) pages which has been
dictated, read, corrected and each page signed by me.

Announced:

16.04.2019 BABAR NADEEM

Judge Family Court,

Lahore.

Contested Judgment
‫ےکابرےںیموپاھچاجانلکشمابتےہرگمرھپیھبںیماینپاکہلصیفرئیشرکراہوہں۔‬contested judgment :‫رتحمماةحب‬
‫ےکوکنوکنےسےصحوہےتںیہ۔‬contested judgment ‫دصقمہیوہاگہکآپوکہتپےلچہکاکی‬

Judgment Sheet

IN THE COURT OF MR. BABAR NADEEM

JUDGE FAMILY COURT, LAHORE.

Family Suit no: 713/FC/06.01.2016

Date of Institution: 05.01.2016

Date of Decision: 30.04.2019

1. NAILA SHAHZADI wife of Shakir Mahmood, daughter of Muhammad

Ishaq
2. MAHNOOR daughter of Shakir Mahmood

Plaintiff #02 is minors and filling instant suit through

her real mother/next friend plaintiff # 01

All are residents of Makka Colony, Gulberg-III, Lahore.

---------------(PLAINTIFFS)

VERSUS

SHAKIR MAHMOOD son of Muhammad Zareen, resident of Darbhua,

Tehsil Khotta, District Rawalpindi

---------------(DEFENDANT)

SUIT FOR RECOVERY OF MAINTENANCE

ALLOWANCES AT THE RATE OF RS.10,000/- PER
MONTH FOR EACH PLAINTIFF.
JUDGMENT:

2. Precisely, plaintiffs’ version is that plaintiff #01 (hereinafter

referred as “plaintiff”) and defendant got married on 13.10.2008; that during
matrimonial tie, plaintiff #02 (hereinafter referred as “minor) was born; that six
years ago from the institution of suit i.e. in the year 2010, on demand of
maintenance, defendant kicked out plaintiff along-with minor from his house;
since then, he failed to maintain plaintiffs, hence, claim for recovery of
maintenance since 2010; that defendant can maintain each plaintiff at the rate
of Rs.10,000/- because he is running his own business and earning more than
Rs.1,50,000/- per month.

3. Defendant’s denied plaintiff’s claim with the assertion that

plaintiff is not entitled for any maintenance as defendant has already divorced
plaintiff on 14.01.2012; even after that, plaintiff received all her dowry articles
through JIRGA; that minor is also not entitled for any maintenance as it was
decided by JIRGA that defendant will never claim custody of minor whereas
plaintiff will never claim maintenance of minor; that defendant drives a pick
up/ wagon owned by his real brother Shahid Mehmood and is getting
Rs.8,000/- per month as salary; that defendant has already contracted second
marriage; that his parents of advance age are also dependent upon him.

4. On 19.05.2016, out of divergent pleadings of the parties,

following issues were framed out:
ISSUES:

1. Whether this court has jurisdiction to entertain this suit? OPP

2. Whether plaintiffs are entitled to recover maintenance allowance from the

defendant, if so, to what extent and at what rate? OPP
 3. Whether plaintiffs’ suit is false and frivolous, vexatious and plaintiff has
no locus standi to file the suit, therefore, the same is liable to be
dismissed? OPD

4. Relief

5. On 21.05.2018, plaintiff produced following oral as well as

documentary evidence:
PW-1: Plaintiff Mst. Naila Shahzadi herself.
PW-2: Mr. Abrar Hussain Kiyani
PW-3: Plaintiff’s brother Raja Numan Ishaq
Exh.P1, 5 & 6: Affidavits of PW-1 t PW-3 respectively
Exh.P2 to 4: Photo’s of defendant’s shop
Mark-A: Vehicle letter
Mark-B: Plaintiff’s CNIC

6. On 07.02.2019, defendant produced following oral as well as

documentary evidence:
DW-1: Defendant Shakar Mehmood Himself
DW-2: Defendant’s brother Shahid Mehmood
Exh.D1 & 12: Affidavits of DW-1 & DW-2 respectively
Exh.D2: Nikahnama of plaintiff & defendant
Exh.D3: Attested copy of Divorce Deed dated
14.01.2012
Exh.D4: Decision of Jirgah dated 10.04.2012
Exh.D5: Minor’s birth certificate
Exh.D6: Nikahnama Defendant and Rabia Kousar
Exh.D7: Marriage Registration Certificate of
Defendant & Rabia Kousar
Exh.D8: Defendant’s father’s CNIC
Exh.D9: CNIC of Rabia Kousar
Exh.D10: Compromising Stamp paper between
defendant & plaintiff’s brother
Exh.D11: Photo of injury on left leg of defendant
Mark-A: Photocopy of FIR no. 368/12
 7. On 22.03.2019, post trial reconciliation proceedings were
conducted. Plaintiff recorded her statement that being legal wedded wife she is
still ready to perform matrimonial obligations at defendant’s house.

8. Final Arguments heard; record perused.

9. Having heard learned counsel for the parties and scanning

whole record, my issue-wise findings are as under.

ISSUE NO.01: Whether plaintiffs are entitled to recover maintenance

allowance from the defendant? If so, to what extent and
at what rate and for which period? OPP

Plaintiff (Wife)’s Maintenance:

10. Defendant’s stance is that plaintiff is not entitled for any

past as well as future maintenance as defendant has already divorce plaintiff
through divorce deed dated 14.01.2012 (Exh.D3) which has also become
effective. Plaintiff’s stance is that defendant’s false and frivolous plea of divorce
is just an attempt to avoid past maintenance.

11. A divorce whether oral or written becomes effective after

ninety days when it comes into the knowledge of the wife. Though defendant’s
written statement is silent about communication of oral or written divorce to
the plaintiff, however, defendant deposed as DW-1 through his affidavit
(Exh.D1) that he served said divorce deed (Exh.D3) upon the chairman of
concerned union council as well as plaintiff along-with notice of talaq. No copy
of notice of talaq sending to union council or plaintiff has been brought on
record. Even date and mode of sending said notice like receipt of registered
post A.D has not been brought on record. Even the address at which plaintiff
was served with alleged notice of talaq has not been brought on record because
admittedly few years back plaintiff has shifted her residence from Tehsil
Kahuta, District Rawalpindi to Lahore. Plaintiff was cross-examined at a length
but nothing was brought on record as to communication of divorce to her.

12. Said divorce deed (Exh.D3) is not mentioned in the written

statement; neither said deed was produced nor relied upon till evidence of
plaintiff was completed. Even no question was put to plaintiff regarding said
divorce deed. Said document (Exh.D3) was brought on record for the very first
time record on 19.01.2019 through an application for additional evidence.
Though divorce deed (Exh.D3) is an attested copy duly issued by Secretary
Union Council, Doberan Khurd, Tehsil Kahuta, District Rawalpindi yet divorce
deed does not bear any date from where it may be established that said deed
was incorporated in union council record soon after alleged date of divorce i.e.
14.01.2012.

13. Divorce Effectiveness Certificate bearing date of notice of

divorce, date of failure of reconciliation and date of effectiveness of divorce was
the best evidence on defendant’s part to prove his own version that after
divorce on 14.01.2012 in writing, defendant sent a notice of divorce along-with
divorce deed to the concerned union council as well as plaintiff (wife) but said
certificate has not been brought on record despite the fact that defendant has
alleged through his written statement that divorce has also become effective.
Only production of divorce deed dated 14.01.2012 duly attested by concerned
union council by withholding attested copies of notice of talaq to the union
council, proceedings before arbitration council and divorce effectiveness
certificate is sufficient to conclude that either divorce has not been effected up
till now or the same became effective at a very belated stage and such belated
stage is being concealed from this court in order to avoid past maintenance of
plaintiff.
 14. As per contents of written statement, defendant divorced
plaintiff on 14.01.2012 because of her objectionable and bad character. No
evidence to establish plaintiff’s bad character has been brought on record. On
the contrary, as per divorce deed (Exh.D3), defendant divorced plaintiff because
of her disobedience which nullifies defendant’s own stance as mentioned in the
written statement.

15. Plaintiff’s CNIC (Mark-B) reveals that said CNIC was issued
on 08.01.2014 with defendant’s name as husband, meaning thereby, after
alleged date of divorce i.e. 14.01.2012, plaintiff was still considering defendant
as her husband. Even plaintiff’s statement at post trial stage that she is ready
to populate with defendant subject to payment of maintenance is also sufficient
to conclude that plaintiff is still under believe of being legal wedded wife of
defendant.

16. Learned counsel for the defendant anxiously insisted and

focused on an F.I.R (Mark-A) by defendant against plaintiff’s brother wherein it
is alleged by defendant that he has divorced plaintiff. Firstly; an F.I.R is just
information provided to police regarding commission of a congnizable offence;
secondly F.I.R (Mark-A) is just a photocopy which is neither a primary nor a
secondary evidence; being photocopy, that F.I.R (Mark-A) may also be
maneuvered and tempered. During cross-examination as PW-1, defendant
himself suggested to plaintiff that at the time of lodging of F.I.R (Makr-A) at
Kahuta, she was in Lahore; at which, plaintiff showed is lack of knowledge in
that regard. Neither plaintiff was confronted with the contents of said F.I.R nor
said F.I.R was brought on record till plaintiff’s evidence was recorded.

17. Learned counsel for the defendant also focused on a decision

of Jirgah (Exh.D4) according to which plaintiff has received her all gold
ornaments as well dowry articles. Said document was also produced after
recording of plaintiff’s evidence. Learned counsel for plaintiff argued that
Exh.P4 is a false and frivolous document which is produced just to usurp
plaintiff’s dowry articles and gold ornaments. Plaintiff has never ever claimed
return of dowry articles because being close relative and legal wedded wife, she
does not want divorce. She has instituted instant suit just to save her
matrimonial relation. Record depicts that no witness of decision of Jirgah
(Exh.D4) has been produced as witness. It is also surprising for this court that
during cross-examination as DW-1, defendant himself stated that he has no
knowledge about the fact that dowry articles have either been delivered or not
in compliance of Jirgah decision (Exh.D4).

18. Crux of above discussion is that defendant remained failed

to prove divorce dated 14.01.2012 (Exh.D3), hence, plaintiff is entitled for her
own maintenance since 14.01.2012. As divorce deed (Exh.D3) brought on
record for the very first time on 19.01.2019 through an application for
additional evidence, meaning thereby, on 19.01.2019, plaintiff came into
knowledge of divorce deed (Exh.D3), hence, it is held that plaintiff is entitled for
maintenance since 14.01.2012 till 19.01.2019 plus ninety days of iddat period.

Minors’s Maintenance:

19. Admittedly, minor is in custody of plaintiff since alleged date

of divorce. Now the point which needs consideration is that defendant has
neither alleged nor deposed that after alleged date of divorce i.e. 14.01.2012, he
has been maintaining minor, hence, it is held that minor is also entitled for his
maintenance since 14.01.2012 till her date of marriage or custody is legally
changed. So far as defendant’s stance that as per decision of Jirgah dated
10.04.2012 it was settled that defendant will never ever claim custody of minor
whereas plaintiff will not claim maintenance of minor is concerned,
maintenance is minor’s basic right which cannot be waived by decision of some
Jirgah.

Rate of Maintenance:

20. Plaintiff’s stance is that defendant can maintain each

plaintiff at the rate of Rs.10,000/- because he is running his own business and
earning more than Rs.1,50,000/- per month whereas defendant’s version is
that defendant drives a pick up/ wagon owned by his real brother Shahid
Mehmood and is getting Rs.8,000/- per month as salary; that defendant has
already contracted second marriage; that his parents of advance age are also
dependent upon him.

21. Admittedly, at the time of institution of suit i.e. on

06.01.2016, minor was about 06 years old, meaning thereby, on 14.01.2012
from where minor is declared entitled for maintenance, minor was of about 02
years age. From the evidence, it transpires that presently minor is school going
but no detail of educational expenditures has been brought on record.
Otherwise, it is understood that food, milk, medicine etc are the basic needs of
the minor.

22. So for as defendant’s source of income is concerned, plaintiff

deposed as PW-1 through her affidavit (Exh.P1) that defendant is running
business of transport. Plaintiff also produced vehicle verification certificate
(Mark-A) according to which defendant is owner in possession of Suzuki-Ravi,
Model-2017 bearing no. RIS-17-4953 which nullifies defendant’s own stance
that he is driving a vehicle owned by his brother. Though Verification
Certificate (Mark-A) is photocopy but said fact can be verified through official
website of motor vehicle authority i.e. “http:// excise-punjab.gov.pk/ vehicle
verification” that defendant is owner of said vehicle. Defendant’s stance after
production of said document that his brother has purchased that vehicle in his
name seems to be after through. As per defendant’s own stance as alleged
(Exh.D1), he has also been working at a welding shop, meaning thereby,
defendant may also earn through his expertise in welding. Defendant’s stance
to maintain himself, second wife, second wife’s issue, present minor and
parents in just Rs.8,000/- per month is not believable.

23. Keeping in view about discussion, it is held that plaintiff #01

is entitled for maintenance at the rate of Rs.4,000/- per month since
14.01.2012 till 19.01.2019 plus ninety days of iddat period with 10% annual
increment; plaintiff #02 is entitled for maintenance at the rate of Rs.25,00/-
since 14.01.2012 till her marriage or till custody is legally changed. 10%
annual increment will start from after one year of institution of suit i.e. from
05.01.2017.

1. RELIEF
For what has been discussed above, the suit of the plaintiffs is
hereby decreed in the favour of plaintiffs against the defendant in the way that
plaintiff #01 is entitled for maintenance at the rate of Rs.4,000/- per month
since 14.01.2012 till 19.01.2019 plus ninety days of iddat period with 10%
annual increment; plaintiff #02 is entitled for maintenance at the rate of
Rs.25,00/- since 14.01.2012 till her marriage or till custody is legally changed.

Date of very first annual increment will be 05.01.2017.

Costs shall follow the event. Decree sheet be prepared accordingly.

Ahlmad Haider of this court is hereby directed to consign the file to the record
room after its due completion.

Announced BABAR NADEEM

30-04-2019 Judge Family Court,

 Lahore.

Certified that this judgment consists of seven (07) pages which has
been dictated, read, corrected and each page signed by me.

Announced: BABAR NADEEM

30.04.2019 Judge Family Court,

Lahore.

:‫اگرڈنی& وارڈاٹکییکدروخاتساکہلصیف‬12‫دہعف‬

Precisely, petitioner has moved above captioned petition with

the assertion that petitioner is the natural guardian of the minor; that
respondent has solemnized marriage with a person who is stranger to the
minor, so, environment of respondent’s house is not suitable to the 11 years
old young daughter; that petitioner can provide better facilities of daily life and
education to the minor as compare to the respondent who is a poor lady, so,
interim custody of minor namely Amina born on 31.01.2008 be temporarily
handed over to the petitioner during the pendency of the main petition under
section 25 of Guardian & Wards Act, 1890.

2. Conversely, respondent has vehemently opposed the said

petition on various factual as well as legal grounds with the averments that
minor is living with her since birth; that being educated lady, respondent can
more properly look-after minor in all aspects of life.
3. Arguments heard; record perused.
4. Record depicts that petition under section 25 of Guardian &
Wards Act, 1890 is pending adjudication in this court and averments made by
the parties regarding welfare of the minor are to be assessed after recording
evidence of both parties, therefore, at this stage, I do no find it appropriate to
hand over interim custody of minor to the petitioner. Even otherwise, I have not
found any material to believe that life, health or education of the minor while
being in custody of respondent is in danger. Therefore, application U/S 12 of
Guardian and Wards Act is hereby dismissed. However, the petitioner is real
father of the minor and to avoid estrangement of minor from real father and in
the welfare of minor, meeting schedule is chalked out which is as under:

Meeting Schedule:

i) Petitioner/father of minor will be entitled to meet with

minor. Respondent/mother is directed to handover
minor to the petitioner for 24 hours on third saturday of
every calendar month from 04:00 pm till Sunday 04:00
pm.
ii) On the occasions of Eid-ul-Fitar & Eid-ul-Azha,
petitioner/father will be entitled to meet with minor on
2nd Day of Eid-ul-Fitar & Eid-ul-Azha.
Respondent/mother is directed to hand over minor to
petitioner/father on 01:00 p.m. and petitioner/father
will return minor to the respondent/mother on 3rd day of
Eidain at 01:00 p.m.
iii) On the occasion of birthday of minors, petitioner/father
will be entitled for meeting with minor.
Respondent/mother is directed to hand over the custody
of minor to petitioner at 02:00 p.m to 05:00 p.m.
Petitioner/father is also entitled to take minor to his
home or some recreational place, or in some restaurant
etc.
iv) During summer vacations, respondent shall hand over
the custody of minor to petitioner/father for last fifteen
(15) days of summer vacations.
v) During Winter Vacations, respondent shall hand over the
custody of minor to petitioner for last 04 days of winter
vacations.
Note: It is directed that separate schedule for meeting be
prepared. Meeting of minor with the petitioner/father shall be
subject to complete payment of maintenance allowance if any
 fixed by the court. Handing over and taking back the custody
will be affected through bailiff of the court.

It is also hereby held that for implementation of the above schedule

of meeting, there will be no need to move any separate
miscellaneous application as court will issue Robkar for
implementation on verbal request of the party concerned, which will
be made well in time and the same will be incorporated in interim
order. Petitioner/father of minor will submit the surety bond in sum
of Rs.10,00,000/- for taking custody at home, however, minors will
not be taken out of the jurisdiction of court without prior permission
of this court.

5. Out of divergent pleading of parties, following issues are

hereby framed.

ISSUES:

1. Whether it it in the interest and welfare of minors to appoint

the petitioner as their guardian of person? OPA
2. Whether it is in the interest and welfare of minors to award
their permanent custody to the respondent? OPR
3. Whether petitioner has not come to the court with clean
hands?OPR
4. Order.

Case is adjourned for petitioner’s evidence for 24.09.2019.

Announced: (XYZ)
24.09.2019. Guardian Judge, ABC

:‫یکدروخاتساکہلصیف‬07‫دہعف‬
 The petitioner perveen Akhtar being maternal grandmother of the minors namely
Zain Siddique and Muhammad Ismaeel Siddique, Ibraheem Siddique and Usama
Siddique filed instant application on the ground that her daughter namely Zaba Perveen
was murdered on 27.8.2013 and minors are her children who was owner of house No.
E-205/A land measuring (3M) bearing Khasara No.496/2 situated at kore Pind Tehsil
Cant, District Lahore vide registered sale-deed No.26237 dated 15.10.2005. It is
contended that the minors are owners of the said property after the death of their mother
and cannot look after their own interest, therefore, the petitioner may be appointed as
guardian of property and person of the minors;

2. Public at large was proceeded against ex-parte following proclamation in the

newspaper on 7.02.2014.

3. The petitioner herself appeared in the witness box as AW-1 and got recorded her
statement.Muhammad Javed as AW-2 and Muhammad Siddique as RW-1was
recorded. The petitioner also produced original death certificate of Zaba Perveen as Ex-
A1 ,original sale-deed No.26237 as Ex-A2 and photocopy of Birth certificate of Zain
Siddique as Mark-A, photocopy of Birth certificate of Ismaeel Siddique as Mark-B,
photocopy of Birth certificate of Usama Siddique as Mark-C and photocopy of Birth
certificate of Ibraheem Siddique as Mark-D.

Final Arguments heard, record perused.

4. The petitioner has produced oral as well as documentary evidence to corroborate
her contentions. She is maternal grandmother of the minors and has got no adverse
interest to them. In view of the above, and in absence of any evidence in rebuttal, the
petitioner is appointed as guardian of person and property of the minors subject to
furnishing surety in the sum of Rs.2500000 alongwith Form-C to the satisfaction of this
court. Guardian cannot alienate the property of minors without prior permission of the
court in whose jurisdiction the property is situated. Guardianship Certificate be issued
accordingly. File be consigned to the record-room by Abdul Majeed Ahalmad after

:‫یکدروخاتساکہلصیف‬25‫دہعف‬

Judgment Sheet

IN THE COURT OF MR. BABAR NADEEM

JUDGE FAMILY COURT, LAHORE.

Family Suit no: PB-LHR-FC-2200-2018.

58/FC/09.05.2018

Date of Institution: 08.05.2018

 Date of Decision: 09.07.2018

AWAIS JAVED SHEIKH son of Muhammad Javed Sheikh, resident of House

number 557, Block C/1-3, Township, Lahore.

---------------(PETITIONER)

VERSUS

ANEEQA SETHI daughter of Muhammad Younus Sethi, resident of House

number 183, Sector C1, Township Lahore.

---------------(RESPONDENT)

PETITION UNDER SECTION 25 OF THE GUARDIAN AND

WARD ACT 1890 FOR THE CUSTODY OF THE MINORS
NAMELY MINAL AWAIS, MAHWEEN AWAIS.

EX PARTE JUDGMENT:

Petitioner’s grievance as voiced through instant suit is that as per Muslim Rites
marriage between petitioner Awais Javed Sheikh and respondent Aneeqa Sethi was
solemnized on 17.11.2005; that after marriage, respondent started to perform
matrimonial obligations in her conjugal house; that out of their wedlock, two minor
daughters namely Minal Awais and Mahween Awais were born, who are now illegal
custody of the respondent; that on 14.06.2014, the petitioner divorced the respondent
which effected as on 27.11.2014; that the respondent, on 17.01.2018, filed a suit
(institution No: PB-LHR-F.C 888/2018) for recovery of maintenance alliance against
the plaintiff which is lying pended in the court of Ammara Sarfraz Civil Judge Lahore;
that the petitioner conveyed, through elders, to provide a chance to meet the children but
the respondent and her family did not accede the request of the petitioner; that the
petitioner is real father and natural guardian of the minors, therefore, the petitioner is
entitled to custody of her minors daughters; that the petitioner has come to know that at
present the minor daughters are not being treated with and are being brought up in a bad
atmosphere. Therefore, it is apprehended that in these circumstances the custody of
minor daughters with the respondent may negotiate their care standard, modesty and
future life. that all these circumstances are very adverse to welfare of the minors, so the
petitioner has asked time and again to respondent to hand him over the custody of the
minor daughters but she has denied to do so, hence this application.
 14. That respondent was summoned through all modes of service but he failed

to appear before the court, eventually, on 23.05.2018, ex-parte proceeding was initiated

against the respondent and ex-parte evidence was summoned.

15. In ex-parte evidence firstly petitioner Awais Javed Sheikh himself

appeared as AW-1. Thereafter, Mr. Shahid Mahmood and Shameem Akhtar appeared as

AW-2 and AW-3. In documentary evidence, plaintiff produced Nikahnama as Exh.A1,

birth certificate of minor Manal Awais as Exh.A2 and birth certificate of minor

Mahween Awais as Exh.A3 and divorce certificate as Exh.A4.

16. Ex-Parte Arguments heard; record perused.

17. Perusal of the record provides, present petitioner is the real father of the

minors namely Awais Javed Sheikh. As per un-rebutted evidence, petitioner has asked

time and again to the respondent to hand him over custody of their minors but she is

reluctant, even for meeting between the petitioner and minors. No adverse interest on the
side of petitioner to the minors can be measured through available evidence. It is

therefore, having reliance upon un-rebutted evidence produced by the petitioner, instant

application is hereby accepted. Petitioner is held entitled to have permanent custody of

the minors namely Minal Awais and Mahween Awais as prayed for.

However, keeping in view the relationship between respondent and the

minors as that of being father and daughters, he will be entitled to have visitation with
their minors soon, as per following schedule:-

1. The interim custody of the minors shall be handed over to the petitioner on

every first and third Saturday of the calendar month at 10:00 a.m. and shall

return the custody of the minors to respondent at 05:00 p.m. on the same

day.

2. On the occasion of Eid-ul-fitr and Eid-ul-Adha, the petitioner (father)

shall be entitled for interim custody of the minors on second day of both

Eids from 10:00 a.m. and he shall return the interim custody of the minors

to the respondent on the same day at 05:00 p.m.

 3. On the occasion of birth day of the minors, the petitioner (father) shall be

entitled for interim custody of the minors from 10:00 a.m. and he shall

return the custody of the minors to the respondent on the same day at 05:00

p.m.

4. In case of any emergency about health or any other issue of the minors, the

parents having the custody of the minors will inform the non custodial

parent within 03 hours to the emergency.

5. Petitioner will be entitled to enjoy this schedule only if he would submit

surety bonds amounting to Rs. 10,000,00/- (ten lac rupees) with one local

surety to the satisfaction of this court.

6. None of the parties will be allowed to take the minor abroad, but with

permission of the court. Similarly none of the parties could permanently

shift the minors beyond territorial jurisdiction of this court.

(Subject to announcement by school or if the minors are not school going

then after his admission in school).
 Muhammad Asif of this Court is directed to annex this order alongwith the
visitation file which is liable to be separately prepared. Copy of order be obtained from
photocopier available at the office of learned Senior Civil Judge or learned Judge Small
Causes, Lahore. Muhammad Asif, Ahlmad is directed to arrange the file properly and get
it consigned in the record room after its necessary compilation.

Announced: BABAR NADEEM

09-07-2018 Judge Family Court,

Lahore.

Certified that this judgment consists of four (04) pages which has been dictated, read,
corrected and each page signed by me.

Announced: BABAR NADEEM

09-07-2018 Judge Family Court,

Lahore.

REMEMBER ME IN YOUR PRAYERS

THANK YOU
BABAR NADEEM