SYED MUHAMMAD KAZIM RAZA SHAMSI, J. --- This Constitutional petition is directed against an order dated 15.6.2006 passed by learned Judge Family Court, Lahore whereby the application of the petitioner for recalling of order dated 17.12.2005 was dismissed.
2. In a suit for maintenance allowance instituted against the petitioner the Court determined the interim maintenance allowance of the minors and directed the petitioner to pay the same, which he failed to pay on various dates and finally on 17.5.2005, when the petitioner was waited by the Court till rising of the Court but he did not turn up nor paid the maintenance allowance, the Court proceeded to struck off defence of the petitioner. The petitioner thereafter filed an application for recalling of the order, which was also dismissed by the learned Court vide impugned order observing that the petitioner intentionally avoided to pay the maintenance of the minors.
3. Parties heard and record perused.
4. From the perusal of the record it is noticed that the conduct of the petitioner is such that it makes him disentitle for any equitable relief in this petition. The petitioner is intentionally avoiding to pay the maintenance to his own children on one pretext or the other. Five years have elapsed in the decision of this Constitutional petition wherein the petitioner had obtained injunctive order and during this period he did not pay single penny to his off-springs. The default at the credit of the petitioner is a big one. This petition was also filed in this Court after about five months of passing of the impugned order knowing that the Family Court had no jurisdiction to review its own order. This Court is not inclined to give any relief to the petitioner. Keeping in view contumacious C.L.R. conduct of the petitioner this petition is dismissed with costs of Rs. 50,000/-which the learned Family Court shall recover from the petitioner and pay the same to the minor children of the petitioner besides the maintenance allowance fixed by the Court. .