Law: Family Courts Act, 1964

Section: 14

Family Courts Act (XXXV of 1964)--- ----S. 5, Sched & S. 14---Suit for recovery of maintenance allowance---Framing of additional issue---Interlocutory order---Appeal---Maintainability---Expression 'a decision given'---Scope---Petition for framing of issue with regard to jurisdiction of the Court to entertain the suit was moved but same was dismissed---Validity---Decision rendered by the Family Court was appealable provided the same was not an interim order or a decision of interlocutory nature---Even order passed during pendency of a suit could not be treated as an interim or interlocutory order if it had finally determined an issue---Appeal under S.14 of Family Courts Act, 1964 was not barred against every interlocutory order and remedy of appeal, unless specifically barred would be available against a decision relating to a right or a remedy provided under the law subject to condition that finality was attached to such an order or decision and nothing remained to be further decided between the parties on the issue---Order with regard to framing of an issue would be deemed to have attained finality and same could not be treated as an interlocutory order---Appeal against the impugned order was maintainable but was not availed having not availed alternate remedy, constitutional petition was not maintainable---Constitutional petition was dismissed, in circumstances Muhammad Zaffar Khan v. Shehnaz Bibi and 2 others 1996 CLC 94; Imtiaz Ahmad Khan v. Mst. Aqsa Manzoor and others PLD 2013 Lah. 241 and Mst. Naureen v. Ehsan Sabir, Family Judge, Faisalabad and 2 others 2010 CLR 110 rel. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, JUSTICE:---.--- Through this constitutional petition, the petitioner has called in question the order dated 28.06.2018 passed by Judge Family Court, Lodhran whereby the said court while framing issues has not framed the issue relating to its jurisdiction to entertain the said suit. 2. The brief facts of the case are that respondent No.2, Mst. Yasmeen Bibi was married to the petitioner on 27.09.2007 and from the said wedlock, minors respondents Nos. 3 to 5 were born. The petitioner claims that respondent No.2 on 23.03.2017 left his house…

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