Lahore High Court Declares Property Transfer Void to Evade Child Maintenance – 2024 MLD 911.
لاہور ہائی کورٹ کا اہم فیصلہ: بچوں کے نان و نفقہ سے بچنے کیلئے جائیداد کی منتقلی کالعدم قرار
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Citation Name : 2024 MLD 911 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Zahid Anjum
Side Opponent : Additional District Judge
S.5 & Sched.---Maintenance allowance, recovery of---Sham transaction involving immoveable property to avoid payment of maintenance allowance---Concurrent findings---Petitioner claimed to be owner of the property purchased by him against due consideration vide mutation in question from the owner against whom decree for recovery of maintenance had been passed by Family Court---Trial Court and Lower Appellate Court concurrently declared the mutation void for it was entered to avoid payment of maintenance allowance to respondents---Validity---Judgment debtor neglected to fulfill his obligations imposed upon him through decree passed by Family Court and to pay maintenance allowance to minors---Petitioner appeared before Family Court in response to the application seeking restraining order against petitioner from alienating the property who within a period of 3 to 4 months alienated the property through mutation to his real brother---Such transfer of property reflected that mutation was nothing but a sham transaction to avoid maintenance, which was duty of judgment debtor---High Court declined to interfere in the order passed by two Courts below who concurrently reached to the conclusion that the only purpose of the mutation was to avoid payment under decree passed by Family Court---Petitioner failed to point out any illegality or material irregularity in orders passed by two Courts below---Constitutional petition was dismissed, in circumstances.