Law: Family Courts Act, 1964

Section: 14,14(3),17A

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Family Courts Act (XXXV of 1964)--- ----S. 14(3) --- Interim/interlocutory order passed by Family court---Appeal---Scope---Decision given by the Family Court was appealable provided the said decision was not an interim/interlocutory order as provided in subsection (3) of S.14 of the Family Courts Act, 1964---However, every order passed during the pendency of a family suit could not be treated merely as an interlocutory order if the said order finally determined an issue---Appeal under S.14 of the Act was not barred against every interlocutory order and remedy of appeal, unless specifically barred, would be available against a decision relating to a right or a remedy provided under the law subject to the condition that finality was attached to such an order or decision and nothing remained to be further decided between the parties on the said issue. Muhammad Zaffar Khan v. Mst.Shehnaz Bibi and 2 others 1996 CLC 94; Imtiaz Ahmad Khan v. Mst. Aqsa Manzoor and others PLD 2013 Lah. 241; Rao Muhammad Owais Qarani v. Mst. Tauheed Aisha and others 1991 MLD 1097; Mst. Naureen v. Ehsan Sabir, Family Judge, Faisalabad and 2 others 2010 CLR 110; Nargis Naureen v. Judge Family Court, Multan and others PLD 2018 Lah. 735; Tasadaq Nawaz v. Masood Iqbal Usmani and others PLD 2018 Lah. 830; Rahim Bakhsh v. Mst.Shahzadi and others 2018 CLC 1789 and Memoona Ilyas v. Additional District Judge and others 2017 CLC 1747 ref. (b) Family Courts Act (XXXV of 1964)--- ----Ss. 14 & 17A---Interim order---Appeal---Scope---Application for fixing interim maintenance allowance of minor under S.17-A of the Family Courts Act, 1964, dismissal of---Where dismissal of such application was tantamount to declining the relief of interim maintenance allowance permissible to the minor during the pendency of suit, it amounted to final determination of claim to that extent and hence could not be treated merely as an interim/interlocutory order that did not finally determine anything---Such dismissal would amount to 'a decision given' in terms of S.14 of the Family Courts Act, 1964---Consequently an appeal against the same would be available before the Appellate Court in case the minor was aggrieved…

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