Law: Family Courts Act, 1964

Section: 17-A

Law: Muslim Family Laws Ordinance, 1961

Section: 8,9

Family Court Act, 1964 (XXXV of 1964)-- ----S. 17-A--Muslim Family Law Ordinance, (VIII of 1961), Ss. 8 ,  9--Maintenance allowance of minor--Suit for dissolution of marriage--Decreed--Appeal--Accepted Conditionally--Non-payment of maintenance allowance--Right to defend suit was struck-off--Financial position--Determined liability failed to abide by terms of passed by appellate Court, trial Court as also appellate Court in second round, rightly found against petitioner and both s are, unexceptionable has not appended any document with this petition that he was incapacitated to deposit outstanding liability in question--Appeal of petitioner on condition of payment of outstanding interim--It is evident from petitioner’s bank statement that each month an amount in excess of Rs. 1,30,000/- is deposited in his account by way of salary, a huge amount of money was deposited in his bank account between 26.4.2021 to 31.12.2021 from different sources and it is not as if petitioner is a pauper or not in a comfortable financial position to look after and provide sustenance to his own daughters--The petitioner did not intend to pay outstanding maintenance but merely agreed to pay same to get ,  decree dated 07.02.2022 reversed and only prolong litigation is not acquainted with age-old saying “no other love in world is like that of love of a father for his girl”--Moreover, “and clothing and maintenance must be borne by father in a fair manner’ (Al-Baqarah, 233).  Family Court Act, 1964 (XXXV of 1964)-- ----S. 17-A--Fail to pay interim maintenance allowance-- Section 17(A) of West Pakistan Family Courts Act, 1964 provides that a family Court shall decree suit for maintenance straightaway if a defendant fails to pay interim maintenance so fixed.  Family Court Act, 1964 (XXXV of 1964)-- ----S. 17-A--Discretion and obligation--The discretion bestowed on Family Courts was converted into an obligation and use of word “shall’ repeatedly reflecting in current statutory provision leaves no room for Family Courts to either not fix interim maintenance allowance or to allow any defendant to continue defending suit without first making payment of interim…

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