Fixing Maintenance Allowance Case Laws read Citation 2013 PLD 64 LHC about Maintenance Allowance, Section 17A & 12A, proviso—Constitution of Pakistan, Art. 199—Constitutional petition—Interpretation of Ss.17A and 12A, proviso, West Pakistan Family Court Act , 1964—Interim order fixing maintenance allowance—Time period for which such interim order would remain valid—Scope—Joint reading of Ss.17A and 12A of West Pakistan family court s act , 1964 revealed that when family court was made competent to pass an interim order for payment of maintenance allowance, 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 of the West Pakistan family court s act , 1964 would be, at most, effective for a period of six months, which time had been allocated by virtue of Section 12A for final disposal of a lis pending before family court —When the maximum age of an interim order passed under S.17A of the West Pakistan family court s act , 1964 expired, continuation of proceedings before family court , would violate provisions of S.12A of the said act —Age of an order passed under Section 17A of West Pakistan family court s act , 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, 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.12A of West Pakistan family court s act , 1964 or in case of failure of family court to do so, 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, either under proviso to S.12A of the said act or under Art.199 of the Constitution, pass appropriate order and reconsider quantum of maintenance—Constitutional petition was disposed of accordingly.
Fixing Maintenance Allowance | Case Laws, 2013 PLD 64 LHC
