livelawpk.com - The Supreme Court refused to waive fine or allow the Payment

The Supreme Court refused to waive fine or allow the Payment of Maintenance in Installments --- Supreme Court of Pakistan

4 months, 2 weeks
234

The Supreme Court refused to waive fine or allow the Payment of Maintenance in Installments --- Supreme Court of Pakistan

Islamabad 07-08-2024: The Supreme Court of Pakistan has dismissed a petition filed by Muhammad Saleem, thereby upholding the decisions of the lower Courts in a case concerning the recovery of maintenance allowance and other claims filed by Saleem's family members. The Court also upheld a fine imposed on Saleem for filing a frivolous petition.

In a significant judgment, the Supreme Court of Pakistan, comprising Mr. Justice Naeem Akhtar Afghan and Mr. Justice Shahid Bilal Hassan, has dismissed Civil Petition No. 3601-L of 2022. The petition was filed by Muhammad Saleem challenging the decisions of the Lahore High Court and the Additional District Judge, Pakpattan Sharif, in a family suit filed against him.

The original family suit (No.1229-FJ-18), filed by Saleem's family members, sought recovery of maintenance allowance and a specified amount as per an agreement (Iqrar Nama) between the parties. The Family Court Pakpattan Sharif partially decreed the suit, ordering Saleem to pay maintenance allowances as follows:

1. For the plaintiff: Rs. 3,000 per month with a 10% annual increase for the period of Iddat.

2. For minor plaintiff/respondent No.2: Rs. 4,000 per month from the date of suit institution until marriage, with a 10% annual increase.

3. For minor plaintiffs No.3 & 4: Rs. 4,000 per month per head from the date of suit institution until legal entitlement, with a 10% annual increase.

The claims for past maintenance allowance and recovery of gold ornaments were declined.

Saleem's appeal against this decision was dismissed by the Additional District Judge, Pakpattan Sharif, on November 22, 2019. Saleem later filed a miscellaneous application to recall this decision, alleging that the appeal was managed by one of the plaintiffs without his knowledge. This application was also dismissed.

Subsequently, Saleem filed a writ petition (No. 61308 of 2022) in the Lahore High Court, which he later withdrew. He then filed another writ petition (No. 65452/2022), claiming that his earlier withdrawal was done without his instructions. The High Court dismissed this second writ petition on October 28, 2022, imposing a cost of Rs. 50,000 on Saleem for filing a frivolous and legally unsustainable petition.

In the Supreme Court, Saleem's counsel requested the waiver of the imposed cost and permission for Saleem to satisfy the Trial Court's decree in installments. However, the Supreme Court noted Saleem's misconduct and concealment of facts from the Courts and lawyers. The Court found no convincing reasons to waive the imposed cost and refused to entertain the request for installment payments, as no such application was filed before the Executing Court.

The Supreme Court's decision highlights the judiciary's firm stance against frivolous litigation and emphasizes the importance of transparency and honesty in legal proceedings. The dismissal of Saleem's petition and the upholding of the imposed cost serve as a deterrent against misuse of the judicial process.