Law: Family Courts Act, 1964

Section: 14(3)

Law: Constitution of Pakistan, 1973

Section: 199

Family Courts Act (XXXV of 1964)--- ----S. 14(3)---Constitution of Pakistan, Art. 199--- Interlocutory order---Constitutional petition---Maintainability---Scope---Office of the High Court raised objection on the maintainability of constitutional petition against interlocutory order passed by the Family Court---Petitioner/defendant contended that his application to produce documents was wrongly dismissed by the Trial Court---Validity---Record revealed that impugned order had been passed on an interlocutory application and in the said order the Court had expressly observed that institution of interlocutory application was in continuation of the petitioner's efforts to linger on the proceedings in the family suit---High Court deprecated the practice of assailing interlocutory orders in the constitutional jurisdiction as only exception was that in order to avoid an abuse of the process of law leading to grave injustice, the petitioner had no remedy available but to invoke constitutional jurisdiction---No appeal or revision was provided under the relevant laws to challenge interlocutory order, however, the same could be agitated when final decision had been passed in the proceedings----Constitutional petition was dismissed accordingly. Ali Adnan Dar through Attorney v. Judge Family Court and others PLD 2016 Lah. 73; Mohtarma Benzir Bhutto, MNA and Leader of Opposition Bilawal House, Karachi v. The State 1999 SCMR 1447; Muhammad Baran and others v. Member (Settlement and Rehabilitation) Board of Revenue, Punjab and others PLD 1991 SC 691; Bank of Punjab through Authorized Attorney v. Messrs AMZ Ventures Ltd. and another 2013 CLD 2033; Syed Mansoor Sadiq Zaidi v. Mst. Begum Narjis Zaidi and another 2012 YLR 2122 and Khalid Mehmood through Special Attorney v. Judge Family Court, Faisalabad and another 2010 YLR 336 ref. Wajid Asghar Cheema v. Mst. Anshka and another PLD 2011 Lah. 534 distinguished. THIS ORDER PASSED BY: AGHA FAISAL, J.--- The present petition has been instituted against an interlocutory order dated 22.01.2018, (hereinafter referred as to the "Impugned Order") passed by the learned Court of Civil and Family Judge No. IX, Hyderabad (hereinafter referred…

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