Law: Family Courts Act, 1964

Section: 17A

Law: Constitution of Pakistan, 1973

Section: 199

Family Courts Act, 1964 (XXXV of 1964)-- ----S. 17-A--Constitution of Pakistan, 1973, Art. 199--Constitutional Petition--Suit for recovery of maintainance allowance--Interim Order regarding fixation of interim maintenance allowance--Jurisdiction--Question of--Whether after fixing interim maintenance of minors Judge family Court was rested with powers to subsequently fix interim maintainance allowance of wife or same would be barred by constructive res judicata--Determination--Challenge to--"17A. Suit for maintenance.--(1) In a suit for maintenance, Family Court shall, on date of first appearance of defendant, fix interim monthly maintenance for wife or a child and if defendant fails to pay maintenance by fourteenth day of each month, defence of defendant shall stand struck off and Family Court shall decree suit for maintenance on basis of averments in plaint and other supporting documents on record of case--Petition was dismissed. Family Courts Act, 1964 (XXXV of 1964)-- ----S. 17-A--Suit for maintenance allowance--Jurisdiction res-judicata--Maintainability--As per mandate of Section 17-A (supra), Family Court is bound to fix monthly interim maintenance allowance of wife or a child on first date of appearance of defendant--No party can be allowed to suffer for any act or omission of Court--Even otherwise, a Family Court is competent to adopt any procedure and pass any order to regulate its own proceedings unless same is barred under some law and in case Court had not earlier passed an order fixing interim maintenance allowance for wife, it retained jurisdiction to pass said order later on as said procedure was not barred under law--Question of maintenance is a recurring cause of action, which can be raised on every successive occasion when right to sue arises and interim maintenance allowance is to be fixed on monthly basis, therefore, argument of order dated 23.11.2018 being barred by constructive res judicata is misconceived--It is held that fixation of interim maintenance allowance of minors on one date would not debar Court from fixing interim maintenance allowance of wife on subsequent date or vice versa--It would not be appropriate to comment on merits of…

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