Interim Maintenance Case Laws Citation 2014 CLC 860 LHC, 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 stopped 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 courts below—Constitutional petition was dismissed in circumstances.
Interim Maintenance Case Laws Citation 2014 CLC 860 LHC
