Interim Maintenance Conditions Case Laws 2013 YLR 965 LHC, Section 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.
Interim Maintenance Conditions Case Laws 2013 YLR 965 LHC
