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Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S.17-A---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Scope---Interlocutory order--- Interim maintenance---Petitioner was aggrieved of fixation of interim maintenance by Family Court with regard to his minor son---Validity---Family Court, to avoid families front miseries, had jurisdiction under the law to pass order for payment of interim maintenance till final disposal of the suit---Petitioner who claimed to be real father of minor son was also duty bound to provide adequate maintenance to his son---Petitioner could not point out any illegality or jurisdictional error in interim order, which had been passed under relevant law and the same could not be assailed in Constitutional petition---When a statute had not provided appeal against interlocutory order, the same could not be challenged by way of Constitutional petition as it would amount to negate the provisions of statute---Appeal was a statutory right which had not been provided under West Pakistan Family Courts Act, 1964, in relation to interim order passed by Family Court---Appropriate course for petitioner was to contest the suit and to wait for final order/ judgment of Family Court---If petitioner was not satisfied with the order, he could assail the judgment as well as interim order in appeal---High Court declined to interfere in interim maintenance fixed by Family Court---Petition was dismissed in circumstances. M.A. Ghaffar-ul-Haq for Petitioner. ORDER CH. MUHAMMAD TARIQ, J.--Brief facts of the case are that the petitioner contracted marriage with respondent No.2 on 26-6-2005. Out of this wedlock, one son namely Muhammad Faiz was born on 2-1-2006. Soon after the marriage, relations between the spouses became strained and criminal case No.598/2009 dated 23-6-2009 under sections 506/337-L (ii), 148/149, P.P.C. was registered at Police Station, Sargodha Road, Faisalabad against the petitioner. In June, 2009, the respondent No.1 was turned out of petitioners house and since then, she has been living with her parents who have been providing maintenance and other livelihood to the respondents while the petitioner has not paid…