M.A. ZAFAR, J. - Muhammad Shahbaz petitioner, has filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 challenging the judgment and decree dated 6.7.2007 passed by the learned Judge Family Court, Okara and the order dated 22.8.2008 passed by the learned Additional District Judge, Okara.
2. According to the facts of the case, petitioner was married to Mst. Robina Kausar respondent No. 1 on 20.7.2003 and out of the wedlock a daughter namely Mst. Kainaat Bibi respondent No. 2 was born on 20.9.2004.
3. Respondent No. 1 filed a suit for recovery of her maintenance allowance and maintenance of her minor daughter (respondent No. 2) on 24.12.2005 claiming past maintenance of VA years at the rate of Rs. 5,000/- per month and total amounting to Rs. 1,80,000/- and also future maintenance at the same rate. It was also claimed by respondent No. 1 the delivery expenses of respondent No. 2 having incurred by her in the clinic of Al-Shifa Doctors Hospital, Renala Khurd on 9.9.2004.
4. Petitioner/defendant filed written statement controverting the contents of the plaint and asserted that respondent No. 1 left the house of the petitioner in November, 2005 alongwith the minor child and thereafter she refused to live with him and also asserted that he has no means to pay the amount claimed by the petitioner and he has no land in his name and is spending his life by doing labour on daily wages.
5. During .The proceedings before the learned Judge Family Court, Okara petitioner failed to appear on 20.6.2006 and the learned Judge Family Court decreed the suit ex parte awarding maintenance at the rate of Rs. 2500/- for the minor/respondent No. 2. And. Rs. 500/- for respondent No. 1 (total Rs. 3,000/- per month). In addition to that a sum of Rs. 20,000/- was also ordered to be paid for the expenses of the delivery. The grievance of the petitioner is that in the decree sheet instead of Rs. 3,000/- a sum of Rs. 5,000/- was illegally mentioned. Petitioner filed an application for setting aside the ex parte decree which was dismissed by the learned Judge Family Court vide Order dated 6.7.2007 as the defence of the petitioner was closed. Resultantly, suit was decreed under Section 17-A of the Family Courts Act, 1964 as prayecK for by respondent No. 1/plaintiff.
Petitioner filed a revision, petition against the judgment and decree dated 6.7.2007, which was withdrawn on 22.8.2008, as the same was not maintainable under the law.
6. After arguing the case at some length, the parties have agreed to decide the case on the following terms with an undertaking to abide the terms and conditions contained in this order:-
(i) Petitioner will pay maintenance allowance to Mst. Kainaat Bibi a minor daughter of petitioner (respondent No. 2) at the rate of Rs. 500/- per month w.e.f. 4.9.2004 to 3.9,2008 and thus for a total period of forty-eight months he will pay Rs. 24,000/- to her.
(ii) Petitioner will to pay Rs. 35,000/- in lump sump to the respondent No. 1 including the period of Iddat and expenses incurred on the delivery of Mst. Kainaat Bibi (respondent No. 2) irrespective of the fact that she was claiming maintenance from the date of desertion till the , period of Iddat as she was divorced on 14.3.2007 by the petitioner.
(iii) From September 2008 to onwards petitioner will make payment of the maintenance allowance for her daughter (respondent No. 2) at the rate of Rs. 1500/- per month.
(iv) It has further been agreed between the parties that Rs. 59,000/- will be paid by the petitioner in three monthly installments. First installment of Rs. 20,000/- will be paid by him on or before 22.10.2008, second installment of Rs. 20,000/- will be paid by him on or before 20th of November 2008 and the last installment of Rs. 19,000/- will be paid by the petitioner on or before 22.12.2008.
The present petition is disposed of on the above terms with the direction to the parties to abide the terms and conditions of agreement arrived at between them which has been incorporated in the order passed by this Court today.