Draft/Specimen/Format: Application

for Setting Aside Ex-Parte Judgment

and Decree passed by a Family Court.

IN THE COURT OF MR. _________, LEARNED JUDGE, FAMILY COURT, LAHORE.

In Re: ________ V E R S U S ______ [SUIT FOR DISSOLUTION OF MARRIAGE,
RECOVERY OF DOWRY ARTICLES, DOWER AMOUNT & MAINTENANCE
ALLOWANCE]

____, SON OF ____, RESIDENT OF _____, TEHSIL & DISTRICT _____.

……..Applicant V E R S U S ____, DAUGHTER OF ____, RESIDENT OF _____, TEHSIL
& DISTRICT _____.

……..Respondent
A P P L I C A T I O N UNDER SECTION 9 SUB-SECTION (6) W.P.FAMILY COURTS ACT,
1964, READ WITH RULE 13 OF W.P.FAMILY COURTS RULE, 1965, ON BEHALF OF
DEFENDANT, FOR SETTING ASIDE EX-PARTE JUDGMENT DATED 17.03.2014,
PASSED BY THIS LEARNED COURT.
RESPECTFULLY SHEWETH: 1. That through the instant application, the
applicant/defendant humbly seeks indulgence of this Learned Court, for setting aside ex-
parte judgment dated 17.03.2014, whereby this Learned Court was pleased to pass decree of
dissolution of marriage on the basis of alleged cruelty and maintenance, moreover, the
respondent was held entitled for recovery of dowry articles valuing Rs._______/- and
maintenance allowance was decreed at the rate of Rs._____/- per month for the last one
and half years of institution of suit till expiry of iddat period. 2. That brief facts giving rise to
the filing of application in hand are that Respondent/plaintiff filed a suit for dissolution of
marriage along with recovery of maintenance allowance, dowry articles and dower amount
against the applicant before this Learned Court, wherein it was asserted that the marriage
between the parties was solemnized on 25.04.2009 for a consideration of
Rs.___________/- as dower amount. The Plaintiff/Respondent further contended that
the dowry articles including gold ornaments weighing ____ Tolas were given by her parents
at the time of marriage. Moreover, she alleged that the applicant/defendant ousted her from
his house and sent her a divorce deed dated 04.06.2011; hence, the suit was filed. 3. That
the applicant was out of Pakistan and he had no knowledge about pendency of the suit,
hence, this Learned Court was pleased to proceed ex-parte against the applicant on
_________ and subsequently, after recording evidence of respondent ex-parte judgment &
decree dated 17.03.2012 was passed by this Learned Court. 4. That the applicant returned
Pakistan from Masqat on 17.05.2014 and thereafter, respondent delivered the copy of
judgment dated 17.03.2014 through an unknown person to the applicant at his residence on
26.05.2014 (said delivered judgment is appended herewith as Annex-A). Moreover, the
applicant was also informed that an execution petition is pending against him; hence, the
applicant is filing instant application within time after he attained knowledge of judgment
dated 17.03.2014 on 26.05.2014 5. That non-appearance of the applicant as a result of which
ex-parte judgment and decree dated 17.03.2014 was announced, was neither deliberate nor
intentional, therefore, the applicant humbly seeks for setting aside ex-parte judgment &
decree dated 17.03.2014, inter-alia on the following: G R O U N D S i. That the judgment
and decree dated 17.03.2014 was obtained by concealing material facts from this Learned
Court; Respondent defrauded this Learned Court by withholding truth, therefore, judgment
and decree dated 17.03.2014 is not sustainable in eyes of law and liable to be set aside. ii.
That the applicant was not within Pakistan during pendency of the suit and he returned on
17.05.2014. Copy of his passport is appended herewith as Annex-B. iii. That if envelops of
Courier Service/TCS and registered A.D are perused, this Learned Court would come into
knowledge of the fact that the applicant was never served. iv. That no report was received by
this Learned Court from the Chairman of concerned Union Council about fixation of notice
regarding institution of titled suit for intimation to the defendant in compliance with
Section 8 of W.P.Family Courts Act, 1964. v. That the proclamation was got published in a
newspaper of limited circulation. The proclamation should have been published in a
newspaper of International circulation. vi. That even otherwise, evidence adduced by the
respondent was not sufficient enough to decree the titled suit, the suit merit dismissal
because the applicant throughout provided maintenance to the respondents. vii. That a
careful perusal of plaint and evidence of Respondents would reveal material contradictions,
therefore, it is in the interest of justice that the applicant may be allowed a fair opportunity
to defend the titled suit by filing written statement and producing evidence after setting
aside ex-parte judgment and decree dated 17.03.2014. viii. That the applicant humbly seeks
permission of this Learned Court for raising additional grounds at the stage of arguments. P
R A Y E R In aforementioned circumstances, it is humbly prayed that the application in
hand may kindly be accepted, ex-parte judgment and decree dated 17.03.2014 may
graciously be set aside and the applicant/defendant may kindly be afforded opportunity to
contest the titled suit, as it is in the interest of justice and fair play. Any other relief which
this Learned Court deems fit and proper and which has inadvertently not been prayed for
may kindly also be granted.

APPLICANT/DEFENDANT
THROUGH

ABC ADVOCATE