CH. MUHAMMAD TARIQ, J. --- This writ petition has been directed against the judgment and decree dated 16.12.2008 passed by the learned Judge Family Court, Lahore.
2. Brief facts of the ease are that on 02.12.2006 the respondent No. 1 filed a suit for recovery of maintenance, recovery of dower amount, recovery of 04 totals gold ornaments before the respondent No. 2.
3. The suit was contested by the petitioner/defendant by filing written statement.
4. Out of divergent pleadings of the parties, following issues were framed: ISSUES. (1) Whether the plaintiff is entitled to decree for recovery of maintenance allowance if so to what rate and for which period? OPP
(2) Whether the plaintiff is entitled to obtain a decree for recovery of dower amount as claimed for?
OPP
(3) Whether the suit of the plaintiff is liable to be dismissed? OPD
(4) Relief.
5. The parties produced their oral as well as documentary evidence and vide judgment and decree dated 16.12.2008, learned Judge Family Court decreed the suit of respondent No. 1/plaintiff. The operative part of the judgment and decree is reproduced as under:- "In view of findings of above issues suit for recovery of maintenance is hereby decided in favour of plaintiff against defendant from August, 2005 till the decision on the suit at the rate of Rs. 1,000/- per month and from the date of decision onwards at the rate of Rs. 2,000/- per month till the subsistence of marriage or settlement of the parties. Suit for recovery of dower Rs. 1,00,000/- is hereby decreed in favour of plaintiff against defendant whereas suit for recovery of gold ornaments is hereby dismissed."
6. That thereafter, the petitioner/defendant remained mum and on 14.5.2010, the petitioner has filed instant writ petition instead of filing of appeal before the appropriate forum.
7. Learned counsel for the petitioner contends that since he could not file appeal within prescribed period of limitation, therefore, the impugned judgment and decree is challenged in the instant writ petition.
8. Arguments heard. Record perused.
9. An appeal is a statutory right, which could be exercised only if it has been specifically provided in a statute. Section 14 of the Family Courts Act provides that against the judgment and decree passed by the Judge Family Court, appeal will lie to the learned District Judge. If the remedy of appeal is available to a party under a statute. Remedy .By way of writ petition Cannot be allowed to be availed as substitute of appeal. Particularly when the alternate remedy in shape of appeal was available to the petitioner.
10. Record further reveals that no such ground was raised in the writ petition. The matter could only be decided within four corners of pleadings and any ground which has not been taken in the pleadings could not be allowed to be agitated in arguments.
11. Learned Judge Family Court passed judgment and decree on .16.12.2008, thereafter the petitioner remained silent till 14.5.2010 when he filed the instant writ petition. The attitude of the petitioner negates the principles of equity which provides that equity helps the vigilant and not the indolent.
The instant writ petition prima facie has been filed just to satisfy the grudge of petitioner against the respondent No. 1. Writ petition is without merit, resultantly, same is dismissed in limine with cost of Rs. 20000/-. .