Law: Constitution of Pakistan, 1973

Section: 199

Law: Family Courts Act, 1964

Section: 17-A

 Summary

The petitioner challenged a remand order passed by the appellate court that allowed him to contest the case afresh but subject to payment of past and future maintenance already fixed earlier.

The High Court held that:

• Maintenance of a minor child is an absolute obligation and cannot be suspended due to litigation or remand.
• The appellate court lawfully imposed the condition to ensure the child’s financial support during proceedings.
• The petitioner’s right to defend the case does not entitle him to unconditional relief, especially after remaining ex parte.
• For the wife, entitlement depends on proof of marriage/divorce, which must be decided by the trial court.
• For the minor daughter, maintenance is unquestionable; only the quantum may be adjusted later.

 Result: Petition dismissed; condition upheld (especially for minor’s maintenance).