| Citation(s) |
|---|
| 2017 SLG 2145 2017 SLD 2145 2017 YLR 622 |
Islamabad High Court
W.P. No. 370 of 2016, decision Dated: 22-02-2016.
MOHSIN AKHTAR KAYANI, JUSTICE
Hamid Ahmed, Ijaz Janjua and Nasir Mehmood for Petitioner. Ms. Samina Khan and Adnan Muhammad Khan for
Respondent No. 1.
W.P. No. 370 of 2016, decision Dated: 22-02-2016.
MOHSIN AKHTAR KAYANI, JUSTICE
Hamid Ahmed, Ijaz Janjua and Nasir Mehmood for Petitioner. Ms. Samina Khan and Adnan Muhammad Khan for
Respondent No. 1.
SHAHIDA FAZIL
VS
MST. HINA TAHIR AND 2 OTHERS
Law:
Section:
(a) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. & S.12-A---Constitution of Pakistan, Art. 199---Constitutional petition---Interlocutory order---Suit for recovery of maintenance allowance, dower and dowry articles---Amendment in the plaint---Interim order---Scope---Petition for amendment of plaint was allowed by the Family Court---Validity---Application of Civil Procedure Code, 1908 and Qanun-e-Shahadat, 1984 though had been excluded but Family Court had power to regulate its proceedings depending upon the circumstances of each suit---Basic procedure of filing suit, written statement, pre-trial proceedings, recording of evidence and conclusion of trial had been defined but certain eventualities had not been defined in the special law---Family Court could regulate its proceedings on the general principles of law---Impugned order passed by the Family Court did not suffer from any legal infirmity---Evidence of the defendant had yet not been completed---Fate of the suit would be decided by the Court at the time of final decision of the same---No remedy of appeal, revision or review had been provided in the Family Laws---Constitutional petition against an interim order was not maintainable---Family Court was bound to decide the case within six months but same had not been decided---Family Court was directed to decide the case within one month---Constitutional petition was dismissed in circumstances. PLD 2012 Lah. 420; 2014 CLC 11; 2015 YLR 2364; 2003 YLR 3309; PLD 1973 SC 236; PLD 1974 SC 139; 2011 CLC 417; PLD 1973 SC 49; 2011 CLC 1836 and 2012 CLC 679 ref. Syed Saghir Ahmed Naqvi v. Province of Sindh through Chief Secretary S&GAD, Karachi and others 1996 SCMR 1165; Syed Qadas Abbas v. Mst. Samina Shahbaz 2010 CLC 32 and 2014 CLC 330 rel. (b) Interlocutory order--- ----Meaning---Scope---Interlocutory order is an order in which no final verdict is pronounced, but an ancillary order is passed with the intention to keep the same operative till final order/decision is passed in the pending matter. THIS ORDER PASSED BY: MOHSIN AKHTAR KAYANI, JUSTICE:---.--- Through the instant writ petition, the petitioner seeks setting aside of the order dated…
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