Maintenance allowance of minor child | Compromise decree | Non-payment of settlement amount

 2019 PLD Lahore 194

                       Maintenance allowance of minor child—Compromise decree—Non-payment of settlement amount—Suit for recovery of maintenance was decreed in favour of respondent against petitioner who were divorced husband and wife—Matter was settled between the parties against a sum of Rs.150,000/- as full and final settlement of maintenance amount which amount was to be paid within 3 months but petitioner failed to comply with said conditions, resultantly Executing Court directed petitioner to pay maintenance allowance—Validity—Conditional compromise was a one-time window for petitioner (father) to once and for all wriggle out of his responsibilities, particularly towards his minor daughter—Father could not shirk off his responsibilities towards minor and mother could not have agreed on her behalf allowing father to do so—Even if conditional compromise was to be followed/implemented, petitioner (father) could only blame himself for not making requisite payment within stipulated period of 03 months—Such time period was fixed with consent of parties and they knew well what they were agreeing to in terms of timeline—Parties could not be allowed to wriggle out of same more so, for the reason that matter was being governed by Family Courts Act, 1964—High Court declined to interfere in the matter—Constitutional petition was dismissed in circumstances.
Principle—Purposive rather than literal approach to interpretation is to be adopted while interpreting statutes and therefore, interpretation that advances purpose of provisions of the statute is to be preferred rather than interpretation whicih defeats its objects.

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