IN THE COURT OF MR.

SHAMAS-UL-MEHMOOD, LEARNED JUDGE,

In Re:
Mst. Ashi Sharif etc. V E R S U S Muhammad Javed
(SUIT FOR RECOVERY OF PAST AND FUTURE MAINTENANCE ALLOWANCE)

Muhammad Javed son of Shah Muhammad resident of house number 15 street number 161,
Chah Mughal Chakian, Ichra Lahore
……. Applicant

VERSUS

Mst. Ashi Sharif daughter of Muhammad Sharif

A P P L I C A T I O N UNDER SECTION 9 SUB-SECTION (6) W.P.FAMILY COURTS ACT,

RESPECTFULLY SHEWETH:

1. That through the instant application, the applicant/defendant humbly seeks indulgence of
this Learned Court, for setting aside ex-parte judgment dated 17.05.2023, whereby this Learned
Court was pleased to pass decree of maintenance allowance of Rs.7000/- per month from
institution of suit, moreover, the maintenance allowance was decreed at the rate of Rs.7000/-
per month for respondent/plaintiff f till expiry of iddat period.
2. That brief facts giving rise to the filing of application in hand are that Respondent/plaintiff
filed a suit for recovery of past and future maintenance allowance against the applicant before
this Learned Court, wherein it was asserted that the applicant/defendant sent her a divorce
deed first notice dated 01.12.2023 and a second notice dated 09.02.2023; hence, the suit was
filed.
3. That the applicant was not summoned properly and he had no knowledge about pendency of
the suit, hence, this Learned Court was pleased to proceed ex-parte against the applicant on
10.02.2023 and subsequently, after recording evidence of respondent ex-parte judgment &
decree dated 17.05.2023 was passed by this Learned Court.
4. That the applicant presented in Ichra police station in an application filed by respondent
against applicant/defendant on 12.06.2023 and thereafter, respondent told in front of SHO and
let applicant know about judgment dated 17.05.2023; hence, the applicant is filing instant
application within time after he attained knowledge of judgment dated 17.05.2023 on
12.06.2023.
5. That non-appearance of the applicant as a result of which ex-parte judgment and decree
dated 17.05.2023 was announced, was neither deliberate nor intentional, therefore, the
applicant humbly seeks for setting aside ex-parte judgment & decree dated 17.05.2023, inter-
alia on the following:
GROUNDS
i. That the judgment and decree dated 17.05.2023 was obtained by concealing material facts
from this Learned Court; Respondent defrauded and misrepresented this Learned Court by
withholding truth, therefore, judgment and decree dated 17.05.2023 is not sustainable in eyes
of law and liable to be set aside.
ii. That the applicant was not summoned properly and he had no knowledge about pendency of
the suit, hence, this Learned Court was pleased to proceed ex-parte decree and the judgment
debtor was condemned unheard which is against the fundamental rights and is liable
to be set aside on this ground.
iii. That if envelops of Courier Service/TCS and registered A.D are perused, this Learned Court
would come into knowledge of the fact that the applicant was never served.
iv. That no report was received by this Learned Court from the Chairman of concerned Union
Council about fixation of notice regarding institution of titled suit for intimation to the
defendant in compliance with Section 8 of W.P.Family Courts Act, 1964.
v. That the proclamation was got published in a newspaper of limited circulation. The
proclamation should have been published in a newspaper of national and most known paper
prevailing in society circulation.
vi. That even otherwise, evidence adduced by the respondent was not sufficient enough to
decree the titled suit, the suit merit dismissal because the applicant throughout provided
maintenance to the respondents.
vii. That the law favors the adjudication on merits rather on summarily basis.
viii. That a careful perusal of plaint and evidence of Respondents would reveal material
contradictions, therefore, it is in the interest of justice that the applicant may be allowed a fair
opportunity to defend the titled suit by filing written statement and producing evidence after
setting aside ex-parte judgment and decree dated 17.05.2023.
ix. That the applicant humbly seeks permission of this Learned Court for raising additional
grounds at the stage of arguments.

PRAYER
In aforementioned circumstances, it is humbly prayed that the application in hand may kindly
be accepted, ex-parte judgment and decree dated 17.05.2023 may graciously be set aside and
the applicant/defendant may kindly be afforded opportunity to contest the titled suit, as it is
in the interest of justice and fair play.
Any other relief which this Learned Court deems fit and proper and which has inadvertently
not been prayed for may kindly also be granted.

APPLICANT/DEFENDANT

THROUGH
Shozab Ali Awan
Advocate High Court
Office no. 114 First Floor
Subhan Centre Edward
Road Jainmandir Lahore
 IN THE COURT OF SHAMAS-UL-MEHMOOD, JUDGE FAMILY COURT, LAHORE.

In re:
Mst. Ashi Sharif etc. VERSUS Muhammad Javed

(SUIT FOR RECOVERY OF PAST AND FUTURE MAINTENANCE ALLOWANCE)

(APPLICATION UNDER ORDER 9 RULE 13 FOR SETTING ASIDE THE EX-PARTE JUDGMENT
AND DECREE DATED 17.05.2023)
AFFIDAVIT OF Muhammad Javed son of Shah Muhammad resident of house number 15 street
number 161, Chah Mughal Chakian, Ichra Lahore

do hereby solemnly affirm and declare as under:

1. That the contents of the accompanying application may kindly be read as integral
part of this affidavit.

2. That the contents of the accompanying application are correct and true to the
best of my knowledge and nothing has been concealed therefrom.

DEPONENT
VERIFICATION

Verified on oath at Lahore on this __ day of June 2023 that the contents of the above
affidavit are correct and true to the best of my knowledge and nothing has been
concealed therefrom.

DEPONENT