Law: Family Courts Act, 1964

Section: 14,14(3),17A

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 14 & 17-A----Constitution of Pakistan, Art. 199---Constitutional petition---Suit for maintenance---Appeal---Appellate court upheld decree of maintenance of rupees thirty-five hundred per month on ground that no appeal was maintainable against maintenance for less than rupees five thousand---Validity---Maintenance as a whole would determine pecuniary jurisdiction of appellate court---Under S.17-A of West Pakistan Family Courts Act, 1964, if defendant had failed to pay interim maintenance fixed by trial court, then not only right of defence could be struck off but decree could also be passed---Appellate court had incorrectly found that order of maintenance passed by Family Court was interim order under S.14(3) of West Pakistan Family Courts Act, 1964, therefore no appeal could be preferred against the same---High Court, setting aside impugned and decree, directed appellate court to decided appeal on merits---Constitutional petition was allowed in circumstances. Muhammad Naseer v. Fatima through her mother and 2 others 2000 MLD 802 rel. THIS ORDER PASSED BY: ALI BAQAR NAJAFI, JUSTICE:---.--- Through this Constitutional petition the petitioner challenges order and decree dated 20.04.2015 and order dated 08.05.2015 whereby the decree of Rs.3500/- each for the three minors (respondents Nos.2 to 4) with 15% annual increase granted by the learned Judge Family Court was upheld on the ground that no appeal was maintainable against the maintenance for less than Rs.5000/-. 2. Arguments heard. File perused. 3. Respondent No.1 filed a suit for dissolution of marriage and recovery of maintenance as well as dowry articles in which the written statement was submitted admitting the dowry articles to the extent of Rs.50,000/- and also admitting the parentage of the said two minors and had stated that he has the earning of only Rs.5000/- to Rs.6000/- in a month. On 11.09.2014, an interim maintenance of Rs.900/- per month was fixed by the learned Judge Family Court. On 20.04.2015, it was observed by the learned Judge Family Court that the petitioner has already paid Rs.9000/- up-till 16.06.2014 whereafter the maintenance…

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