Law: Family Courts Act, 1964

Section: 14(3)17

Family Courts Act (XXXV of 1964)--- ----Ss 14(3)17---Appeal against interim order passed by Executing Court/Family Court---Provisions of C.P.C. and Qanun-e-Shahadat, 1984, not applicable to proceedings of Family Court---Scope---Actual point involved in the present petition was that whether first Appellate Court had jurisdiction to entertain appeal against the order of Executing Court/Family Court as per provisions of Ss.14(3)17 of the Family Courts Act, 1964---Family Courts Act, 1964, was a special law and all the proceedings were conducted under the said Act, and when provision of only one appeal was provided that mean there was philosophy behind the said provision of the Act and Family Court had been empowered to decide all the matters while observing the principle of law---Provisions of C.P.C and Qanun-e-Shahadat, 1984, were not applicable to the proceedings of Family Court in order to decide the matters within the shortest possible time with permanent solution---Only one right of appeal had been provided by the Family Courts Act, 1964, against the final order of the Family Court, whereas no provision of appeal or revision should lie against an interim order of Family Court, especially when the petitioner had taken a specific objection regarding the maintainability of appeal before the first Appellate Court, that matter should have been decided first in view of spirit of law---Constitutional petition was allowed. Muhammad Sadiq v. Dr. Sabir Sultana 2002 SCMR 1950 rel. ORDER SAFDAR SALEEM SHAHID, JUSTICE:---.---Through this constitutional petition, Mst. Sadia Iqbal petitioner has challenged the validity of judgment dated 11.03.2016 whereby learned Addl. District Judge, Lahore set aside the orders dated 23.05.2015 and 15.12.2015 passed by learned Executing Court Lahore, ‘with the directions to learned Executing Court to determine/ascertain the actual value of gold ornaments and not pure gold, prevailing at the date of satisfaction/ execution of decree, when the judgment debtor had paid decretal amount, which was exact date of execution/satisfaction of decree, as per order of Hon’ble Lahore High Court, Lahore’. 2. Perusal of order dated 06.05.2016 passed by…

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