The Persistent Dragging of the Matter from One Court to Another Constitutes Vexatious Litigation so such Frivolous Petitions need to be Strongly Discouraged --- Supreme Court of Pakistan

Islamabad 06-05-2024: The Honourable Supreme Court of Pakistan laid down a landmark judgment pertaining to maintenance of minor children. The three Member Bench consisting of Mr. Justice Yahya Afridi, Mr. Justice Amin-ud-Din Khan and Mrs. Justice Ayesha A. Malik while hearing [Civil Petition No.3155-L/2023] observed that according to the striking feature of the case is the contumacious failure of the petitioner to pay maintenance for his minor children as fixed by the Family Court. Mst. Sobia Amir Farid filed a suit for maintenance allowance for herself and her minor children against her husband and father of her children, i.e., the petitioner. The Family Court passed an order for payment of interim-maintenance to the minors under Section 17-A of the West Pakistan Family Courts Act, 1964. However, despite availing multiple opportunities, the petitioner failed to comply with the order. As a result, his defense was struck off, and the suit for maintenance to the extent of minors was decreed on the basis of averments in the plaint and other supporting documents on record of the case. The petitioner filed an appeal against the decision of the Family Court before the District Court. During the appeal, he was again ordered to pay interim maintenance, but he disregarded this order as well. Finally, the appeal was dismissed due to his continued noncompliance and failure to appear before the Court. The petitioner unsuccessfully challenged the orders of the Family Court and District Court before the High Court. Now, the petitioner seeks leave to appeal against the decision of the High Court through the present petition.

          It is also observed by the Honorable Bench of Supreme Court of Pakistan that we note with grave concern that the conduct of the petitioner leaves a lot to be desired. It falls significantly short of the expected standards of fairness and amounts to gross abuse of the process of the Court. The persistent dragging of the matter from one court to another constitutes vexatious litigation, and adds to undue delay and overburdening of the Courts. Such frivolous petitions need to be strongly discouraged. Therefore, in view of the callous disregard of the petitioner for the court order to pay interim maintenance and his attempts to delay the payment of decreed maintenance allowance for his minor children, we feel inclined to impose costs on the petitioner in the sum of Rs. 1,00,000/- (Rupees one hundred thousand only) to deter such conduct in the future. The costs shall be recovered by the executing court as part of the decree for maintenance.

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