MAVRA ARSHAD vs Sheikh EHSAN GHANI
The matter arises from a petition for contempt or enforcement of an undertaking given before the Supreme Court regarding the payment of maintenance to a minor, Mst. Mavra Arshad, pursuant to concurrent judgments of the Family Court, Additional District Judge, and the Lahore High Court. The core legal question concerned the enforcement of maintenance obligations and undertakings given to the apex court by the father and paternal-grandfather of the minor. The Supreme Court held that since the judgment-debtors failed to fulfill their commitments to pay monthly maintenance instalments, the Court had no alternative but to direct the executing court to enforce the original Family Court decree. The Court laid down the principle that undertakings given to the court for maintenance must be strictly honored, and upon default, the executing court is bound to recover the arrears expeditiously within a stipulated timeframe.
- Can the Supreme Court direct an executing court to enforce a Family Court maintenance decree when a party defaults on an undertaking given to the apex court?
- What is the recourse when a judgment-debtor fails to comply with a monetary commitment made before the Supreme Court regarding past and future maintenance?
ORDER
' KHALIL-UR-REHMAN RAMDAY, J.--- Through a judgment, dated 7-9-2001 passed by the learned Judge, Family Court, Lahore, the suit of one Mavra Arshad for her maintenance was decreed whereby she was allowed maintenance of Rs,10,000 per month and whereby the past maintenance from the date of institution of the said suit was also granted to her. An appeal filed against this judgment and decree was dismissed by a learned Additional District Judge at Lahore through his judgment, dated 16-2-2002. The father and the paternal-grandfather of Mst. Mavra Arshad then impugned these judgments before the Lahore High Court through Writ Petition No,3907 of 2002 which petition was dismissed through a judgment dated 11-3-2002 of the Honourable Lahore High Court. The said defendants i,e, the father and the paternal-grandfather of Mst. Mavra Arshad minor then approached this Court through C.P.L.A. No,965-L of 2002 questioning the above-mentioned three judgments directing payment of future and past maintenance to the said minor as mentioned above. This petition was converted into an appeal and was disposed of through a judgment dated 26-4-2002 on the basis of a statement made by the learned counsel for the petitioners-defendants, committing themselves to pay Rs,1, 00,000 to the minor respondent on or before 15-5-2002 and whereby they had also undertaken to pay Rs,25,000 on the 10th day of each month to the said minor towards satisfaction of the arrears and the future maintenance.
2. On 29-6-2002 the said minor submitted this petition bearing Criminal Original No,16-L of 2002 stating therein that whereas the judgment-debtors had paid Rs,1,00,000 to her as per the above- noticed commitment, the amount of Rs,25,000 which were to be paid by them before 10th of June, 2002 had not been so paid. She had consequently prayed that the said judgment-debtors be directed to comply with the undertaking given by them to this Court.
3. The respondent appeared before us and despite our efforts; the respondent-judgment-debtors did not pay any amount of money to the petitioners-decree-holder.
4. In the circumstances, we are left with no alternative but to direct the learned Court executing the above-mentioned decree passed by the learned Judge, Family Court, Lahore on 7-9-2001 to proceed to execute the said decree and the said learned Executing Court shall ensure that the arrears of maintenance are recovered from the respondent-judgment debtors within six months, at the latest, with intimation to the Registrar of this Court for the information of this Bench.
5. A copy of this order shall be sent to the learned Senior Civil Judge, Lahore for onward transmission to the learned Executing Court.
6. This petition is disposed of in the above terms.
Cited by 5 cases
- Bashir Ahmad vs Addl. District Judge, Hafizabad & others 2023 SCP 344, 2024 PLD Supreme Court 67, 2024 PLJ SC 342
- UMER DARAZ vs FAMILY JUDGE and 3 others 2018 CLC 1786
- Abdul Majeed vs A.D.J. etc. 2012 C.L.R. 1050
- ABDUL MAJEED vs ADDITIONAL DISTRICT JUDGE, FAISALABAD and 4 others 2012 C.L.R. 1050, 2012 PLD Lahore 445
- GHAFOOR AHMED BUTT vs Mst. IRAM BUTT and 6 others 2011 PLD Lahore 610