Law: Family Courts Act, 1964

Section: 17-A

(a) Family Courts Act (XXXV of 1964)--- ----S.17-A---Suit for maintenance---Provisions of S.17-A, Family Courts Act, 1964 were mandatory in nature---Non-payment of interim allowance within the time fixed---Consequence---Petitioner called in question order passed by Judge, Family Court whereby he, while striking off the defence of petitioner, decreed the suit for recovery of maintenance allowance in favour of minors---Validity---Petitioner had skipped the payment of interim maintenance allowance whereafter the Trial Court had struck off the defence of the petitioner---Use of word "shall" in S.17-A of Family Courts Act, 1964, had clarified the intention of the legislature that in case of non-compliance of the order for payment of interim maintenance allowance within the time fixed by law, not only the defence was to be struck off but as a consequence thereof, the suit was to be decreed; therefore, the said provision had to be treated as mandatory in nature---Constitutional petition was dismissed. The Collector of Sales Tax, Gujranwala v. Super Asia Muhammad Din Sons 2017 SCMR 1427 ref. (b) Family Courts Act (XXXV of 1964) --- ----S.17-A---Constitution of Pakistan, Art. 199---Fixation of maintenance allowance---Finding of fact---Constitutional petition---Maintainability---Fixation of maintenance allowance is a finding of fact which cannot be substituted in constitutional jurisdiction of High Court unless the same is found to be perverse, based on erroneous exercise of jurisdiction or based on mis-reading or non-reading of evidence available on record. (c) Family Courts Act (XXXV of 1964)--- ----Ss.17-A 14(2)---Constitution of Pakistan, Art.199---Suit for maintenance---Fixation of maintenance allowance---Appeal---Scope---Constitutional petition---Maintainability---No appeal lies against the order of fixing maintenance allowance at the rate of Rs. 2500 per month---Constitutional petition can only be entertained in case of any illegality, perversity or erroneous exercise of jurisdiction. (d) Administration of justice--- ----Where the law requires the thing to be done in a particular manner it should be done in that manner alone and such dictate of law cannot be…

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