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Ss. 17-A & 5, Sched.—Constitution of Pakistan, Art. 199—Constitutional petition—Maintainability—Suit
for recovery of maintenance allowance—Interim maintenance was fixed by the family court but same was
not paid by the husband and his defence was struck off—Contention of husband was that wife had
refused to perform matrimonial obligations and she was not entitled for any maintenance allowance—Suit
was decreed concurrently—Validity—Constitutional petition was not maintainable as Judge family court
was not arrayed as one of the respondents—Husband did not challenge the validity of order by virtue of
which interim maintenance was fixed—Husband was estopped to question the correctness of such order
through present constitutional petition—Impugned order could not be declared to have been passed
without jurisdiction and lawful authority—family court had rightly insisted upon implementation of order for
payment of interim maintenance—Section 17A of West Pakistan family court s act , 1964 empowered the
family court to strike off defence of husband who had failed to pay interim maintenance and decree the
suit without recording evidence—Suit was rightly decreed by the court s below—Constitutional petition
was dismissed in circumstances.


S. 17A —Constitution of Pakistan, Art. 199—Constitutional petition against interim order—Maintainability
—Conditions—Interim maintenance, order for—Suit for recovery of maintenance allowance—Husband
assailed order of family court whereby he was ordered to pay interim maintenance during pendency of
proceedings; on the ground that the quantum of maintenance was exorbitant—Validity—Husband had
contended that he had recently been sacked from his job—Disputed questions of fact s regarding job,
source of income and salary of the husband had been raised which could not be resolved in the
Constitutional Jurisdiction of High court and it was not possible to determine the veracity of claims of
husband without recording evidence—Such exercise could not be undertaken in the Constitutional
Jurisdiction of High court especially when the finding was only tentative in nature and not final and
impugned order was interim in nature—Under Art. 199 of the Constitution, petition against interim order
was maintainable if the same was void ab inito, without jurisdiction or had attained status of a final order—
family court had jurisdiction to fix interim maintenance allowance, therefore, the impugned order did not
fall within such categories—Legislature had under S. 14(3) of the West Pakistan family court s act , 1964
had specifically prohibited filing of appeal against interim order and if Constitutional Petition was allowed
to be filed against such order, same would tantamount to defeating and diverting intent of the legislature—
Petitioner had an alternate remedy available to him by challenging impugned order in appeal which he
may file against ultimate order /judgment if passed against husband—Constitutional petition, being not
maintainable, was dismissed in circumstances.


S. 17A —Interim maintenance of minor—Object and purpose—Purpose behind S.17A of the West
Pakistan family court s act , 1964 was to ensure that during pendency of proceedings before the family
court ; financial constraints faced by minors were ameliorated.

continuation of proceedings before family court . either under proviso to S.12A of the said act —Age of an order passed under S.12A of West Pakistan family court s act . proviso. pass appropriate order and reconsider quantum of maintenance—Constitutional petition was disposed of accordingly. 1964 revealed that when family court was made competent to pass an interim order for payment of maintenance allowance. Art. 1964 expired. West Pakistan family court s act .12A for final disposal of a lis pending before family court —When the maximum age of an interim order passed under S.17A of West Pakistan family court s act . proviso—Constitution of Pakistan. 1964—Interim order fixing maintenance allowance—Time period for which such interim order would remain valid—Scope—Joint reading of Ss. 1964 would be.2013 PLD 64 LAHORE-HIGH-COURT-LAHORE Ss.12A of the said act or under Art. it was also made incumbent upon the family court to dispose of the case pending before it within a period of six months from the date of institution—Order passed under S. 17A & 12A.17A of the West Pakistan family court s act . the family court should not insist upon the implementation of the order of interim maintenance—High court observed that family court had to report to the High court for non-implementation of S.17A and 12A. 1964 or in case of failure of family court to do so. effective for a period of six months. . 199—Constitutional petition—Interpretation of Ss. 1964 for interim maintenance would at maximum be six months and if proceedings were not concluded within such time in the main suit wherein interim order was passed.17A and 12A of West Pakistan family court s act . would violate provisions of S.17A of the West Pakistan family court s act .199 of the Constitution. at most. either party would have a right to bring to notice of High court such illegality being continued in the family court and High court shall then. which time had been allocated by virtue of S.