Law: Family Courts Act, 1964

Section: 14(3)

Law: Family Courts Act, 1964

Section: 14(3)

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched. & S.14---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of dowry articles---Striking off defence of defendant---Defence of defendant having been struck off by the Family Court, defendant filed revision petition which was also dismissed on the ground that no appeal or revision was competent against interim order---Validity---Contention of defendant was that under S.14(3) of West Pakistan Family Courts Act, 1964, no appeal or revision being maintainable against the interlocutory order, only a constitutional petition under Art. 199 of the Constitution was competent---Such contention was without any force---Admittedly under S.14(3) of West Pakistan Family Courts Act, 1964 no appeal or revision was competent against the interlocutory order by the Family Court; likewise an interim order of the Family Court also could not be legally challenged before the High Court through constitutional petition---Constitutional petition was dismissed. S. Azharul Hassan Naqvi v. Mst. Hamida Bibi and 2 others 1979 CLC 754 and Muhammad Akram v. Mst. Raheela Aslam and 2 others PLD 1999 Lah. 33 ref. Mian Muhammad Ali for Petitioner. ORDER SYED AKHLAQ AHMAD, J.---The dispute in this writ arises out of a pending suit for recovery of dowry articles valuing Rs.3,50,000 under the West Pakistan Family Courts Act, 1964 filed, by respondent No.1/Azra Bibi against the petitioner/defendant in which his defence was struck off on 9-7-2010 and the case was adjourned for evidence of the respondent No. 1/plaintiff. This order was challenged by the petitioner/defendant by filing a revision which was dismissed by…

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