Law:

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QAISER RASHID KHAN, J. Through the instant petition, the petitioner has called in question the judgment and order dated 21.9.2015 of the learned Judge Family Court-II Peshawar whereby she has fixed Rs.3000/- each for respondents No. 2 to 4 as monthly maintenance with direction to the petitioner/ defendant to pay the same before the 14th of each month failing which his right of defence shall be struck off. 2. Brief facts leading to the instant petition are that the respondents No. 1 to 4 filed a suit for recovery of dower, dowry articles, maintenance and other expenses before the learned Family Court against the petitioner. During the course of proceedings, the said respondents also filed an application under section 17-A of the West Pakistan Family Courts Act, 1964 for interim maintenance for the respondents/ plaintiffs to which the petitioner submitted his reply and after hearing the learned counsel for the parties, the learned trial court allowed the said application through the impugned judgment and order, hence the present petition. Arguments heard and available record perused. 3. All that the learned counsel for the petitioner vehemently pleads is that the financial position of the petitioner does not permit him to spare Rs.9000/- per month for respondents No.2 to 4 and to this effect he refers to the salary slip of the petitioner whereby he draws a monthly salary of Rs.13500/- per month and that he has also to look after his ailing mother. 4. The present petition has been filed by the petitioner against an interim order of the learned Judge Family Court unmindful of the legal position that such order has been made non-appealable by virtue of subsection (3) of section 14 of the West Pakistan Family Courts Act, 1964 which is reproduced below for ready reference: "14. Appeal. -(1) Notwithstanding anything provided in any other law for the time being in force, a decision given or decree passed by a Family Court…

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