Law: Family Courts Act, 1964

Section: 17-A

Law: Code Of Civil Procedure, 1908.

Section: 151

Law: Constitution of Pakistan, 1973

Section: 199

Summary:
The petitioner challenged a preliminary decree and appellate judgment in a family suit concerning maintenance, medical/delivery expenses, dower, and gold ornaments for his minor daughter. The trial court allowed interim maintenance under Section 17-A of the Family Courts Act, 1964. The petitioner failed to pay the interim maintenance, leading to striking off his defense and passing of a preliminary decree. His subsequent appeal and constitutional petition were dismissed. The High Court held that constitutional jurisdiction under Article 199 cannot act as a second appeal and cannot re-evaluate concurrent factual findings of lower courts unless there is a manifest illegality, jurisdictional error, or perverse findings. The petition was dismissed to prevent vexatious litigation and uphold finality of family court decisions.

Sections/Articles used:

Section 17-A – Family Courts Act, 1964 (interim maintenance)