Law: Family Courts Act, 1964

Section: 5,12A,17A, Schedule.

Law: Constitution of Pakistan, 1973

Section: 4,9,10A

(a) Family Courts Act (XXXV of 1964)--- ----Ss. 5, Sched. & 17-A---Constitution of Pakistan, Arts. 4 & 10-A---Suit for recovery of maintenance allowance---Interim order---Interim maintenance, fixation of---Contention of petitioner-father was that interim maintenance fixed by the Family Court was exorbitant---Validity---Any such order in which financial capacity of father viz-a-viz his own expenses had not been considered properly then interim maintenance fixed by the Family Court would be unjust, perverse, harsh, excessive and fanciful---No appeal had been provided against the order of interim maintenance and in such a manner, father had been deprived of constitutional guarantee of equal protection of law---Order of higher maintenance in favour of minor would create financial problems for a father---When he would not be able to comply with the terms of the interlocutory order, his right to contest the suit on merit would close and would be knocked out by the court----Interlocutory orders of Family Court could not be assailed in constitutional jurisdiction---Father should not be punished by way of interim maintenance allowance---Interim maintenance fixed by the Family Court, in the present case, was exorbitant but High Court in constitutional jurisdiction would not determine the factual aspect of adequacy or inadequacy of said maintenance---Family Court was directed to decide the suit within the period of one month so that father could only be burdened with interim maintenance for one month which would be subsequently merged into final ---Constitutional petition was dismissed, in circumstances. Surah Baqarah; Surah Talaq; Ali Adnan Dar v. Judge Family Court PLD 2016 Lah. 73; Amir Mehmood Hussain v. Niha Amir Syed 2011 MLD Lah. 1105; Tahir Ayub Khan v. Miss Alia Anwar 2015 YLR 2364; Minhaaj Saqib v. Najum ul Saqib and others 2018 CLC 506; Shameneh Haider and others v. Haider Ali Khan 2018 CLC Note 43; Tahir Ayub Khan v. Miss Alia Anwar 2015 YLR 2364; Ibrar Hussain v. Mehvish Rana and others PLD 2012 Lah. 420; Muhammad Shahbaz Khalid v. Judge Family Court, Lahore PLD 2013 Lah. 64 and Mohtarma Benazir Bhutto v. The State 1999 SCMR 1447 rel. (b) Family…

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