1. NAZAR AKBAR, J.--- This constitution' petition was entertained by this Court only on the ground of misuse of the jurisdiction by the Family Judge, Malir, Karachi in which a fraud has been committed by Respondent No. 1.
2. In fact she was married in Khairpur, her parents still lives in Khairpur and the kids were born in Khairpur and even today they are in Khairpur and even on the date of filing of the suit for maintenance in 2016 she was living in Khairpur. There was no justification to come from Khairpur to Karachi to obtain ex parte decree. The suit for maintenance was filed on 04.11.2016 and an ex parte decree was obtained within three months on 13.2.2017.
3. After taking ex parte decree, strangely the execution is pending in Khairpur. Learned counsel for Respondent No.1 has contended that brother of Respondent No.1 is living in Karachi and even his CNIC carries address of Malir, Karachi. The name and address of Respondent No.1 was not place of residence of Respondent No.1 as is clear from the above facts. There was no justification except to take an ex parte decree, therefore, the impugned orders are set aside and Family Suit No.288/2016 is sent to Family Court Sobho Dero, District Khairpur to decide the same afresh on merit after giving full opportunity of contest to the Petitioner as he is also resident of Khairpur. In the meanwhile, an amount of Rs.6000/- per month shall be paid by the Petitioner to Respondent No.1 through the Family Judge, Sobho Dero, District Khairpur as interim maintenance and the amount already deposited by the Petitioner with the Nazir of this Court should also be transferred to the Court of Family Judge, Sobho Dero from where along with monthly interim maintenance, this amount may be given to Respondent No.1 and her children.
4. The instant petition is disposed of in the above terms.