Decree by Consent and the Challenges Ahead

نابالغ کےنان و نفقہ کے کیس میں یہ نابالغ کی نہیں، بلکہ اسکے باپ کی ذمہ داری ہے کہ وہ ثابت کرے کہ ۔اسکی فنانشل کپیسٹی کتنی ہے ۔۔ اگر وہ ثابت نہ کرے تو یہ اسکے خلاف جائے گا

 2023 CLC 161

Judgment/order passed with consent of the parties could not be challenged by any of the parties. 

Detail of the Judgment/Order

Presumption of regularity is attached to all judicial and official acts, which include orders of courts and the same also finds support from the illustration (e) attached to Article 129 of the Qanun-e-Shahadat Order, 1984 which provides that Court may presume that judicial and official acts have been regularly performed. 

It is settled by now that the minor could not be burdened with onus to prove the financial status and payment capacity of his father to be held entitled to maintenance allowance rather it was for the father to prove his financial sources which, if he fails to prove, inference is to be drawn against him. 

The maintenance for past six years could be allowed by the Family Court as a suit for maintenance allowance would be governed by the residuary Article 120 of the Schedule attached to the Limitation Act, 1908 providing limitation of six years. 

It is settled position of law that the interim maintenance allowance paid during the pendency of the suit in compliance of orders passed by the court is to be adjusted from the amount determined in the final decree.