Law: Family Courts Act, 1964

Section: 14,17,17A

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 324

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Family Courts Act (XXXV of 1964)--- ----Ss. 17-A, 17 & 14---Civil Procedure Code (V of 1908), S. 11---Interim maintenance allowance for children---Interlocutory order---Review of order of interim maintenance---Res judicata, principle of--- Applicability--- Scope--- Petitioner assailed order for payment of interim maintenance allowance being exorbitant--- Validity--- Held; Family Court had fixed interim maintenance allowance when the petitioner had not filed his written statement nor had he placed on record any evidence of his financial condition or any documentary evidence in support of actual educational fee of the children---Family Court did not have the opportunity to examine the documents in defence for an appropriate order in respect of interim maintenance allowance---Petitioner, after filing written statement and placing documentary evidence on record, could request the court for appropriate orders in respect of interim maintenance allowance---Family Court would not be denuded of its jurisdiction to pass appropriate orders to meet the ends of justice regarding (monthly) interim maintenance allowance--- Such assessment could be regulated by the court keeping in view the material which the parties respectively place on record---Such assessment if finally varied did not amount to review of the order nor did it attract the principle of res judicata---Legislature in its wisdom did not provide for an appeal against interim order for the payment of monthly maintenance allowance during the suit, therefore, any indulgence in the Constitutional jurisdiction would circumvent the intent of legislature which possibly could not be countenanced---Constitutional petition was dismissed accordingly. Mst. Zohra lrshad and another v. Messrs S.K.&F. Company PLD 1981 SC 598 rel. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Interlocutory order--- Interference can not be made in constitutional jurisdiction against interlocutory order unless the same on the face of it is without jurisdiction or otherwise void ab initio or is passed without legal competence. THIS JUDGMENT DELIVERED BY: RASAAL HASAN SYED, J.--- The petitioner, in this…

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