Dear legal fraternity , I need legal opinion of the case below. Please guide.

Dear legal fraternity ,
I need legal opinion of the case below. Please guide.

### Situation Summary:

1. **Divorce**:
– husband divorced his first wife in 2020 and have one daughter from that marriage.
-His ex-wife remarried in 2020, which led him to file for custody of his daughter in april 2022.

2. **Legal Actions**:
– His ex-wife filed lawsuits against him for maintenance, dowry, and custody of the minor.
– he lives in Lahore, while his ex-wife and daughter reside in Chakwal. She claimed to reside in both places, Lahore and Chakwal, in her lawsuits.
– The legal notices were likely sent to her Lahore address that she mentioned.

3. **Court Decisions**:
– The court fixed the cases in Lahore due to the dowry case being open.
– In April 2023, her lawsuits were dismissed ex-parte as she hadn’t been in contact with her lawyer for six months.
– In March 2024, the court awarded him(natural father) custody of his daughter.
– In September 2024, he applied for the execution of the court’s decision, leading to an arrest warrant issued against his ex-wife for non-presence.

4. **Recent Developments**:
– His ex-wife has now appealed for the restoration of the dismissed cases and a hold on the execution, citing non-receipt of court notices and her second husband’s illness.
– Her husband became ill in August 2023, but the cases were filed in May 2022.
– Multiple court notices were issued to her given address.

### Questions for Lawyers:

1. **Maintainability of Appeal**:
– Given the timeline and facts, is her appeal for the restoration of the cases likely to be considered maintainable?

2. **Time-Barred Considerations**:
– How does the time-barred status of her appeal affect its chances of being reinstated?

3. **Service of Notices**:
– What evidence can be presented to show that she was properly served with court notices, and how will this impact her appeal?

4. **Impact of Second Marriage and Husband’s Illness**:
– How does her second marriage and her claim regarding her second husband’s illness influence the case, and what are the legal implications?

5. **Challenging Restoration**:
– On what legal grounds can the restoration of the dismissed cases be challenged effectively?

6. **Holding Execution of Court’s Decision**:
– What arguments and evidence can be made to counter her request to hold the execution of the court’s custody decision?

7. **Next Steps**:
– If the appeal is found to be maintainable, what are the next steps to protect custody rights and ensure compliance with the original court decision?