Law:

Section:

(a) Provisional Constitution Order (1 of 1981 Art. 9 read with West Pakistan Family Courts Act (XXXV of 1964), ~S. 14-Interlocutory order passed by Judge, Family Court-No remedy available under law against such order-Held, Constitution petition in such case maintainable provided impugned order otherwise establish­ed to be without jurisdiction and illegal. Abdul Rehman Bajwa v. Sultan and 9 others PLD 1981 S C 522 fol. Mst. Hajiran Bibi v. Abdul Khaliq P L D 1981 Lah. 761 ; Mullah Ahmed v. Assistant Commissioner P L D 1981 Quetta 15 ; Abdul Ghani v. Zahida Begum P L D 1982 Lah. 401 and S. Azharul Hassan Naqvi v. Mst. Hamida .Bibi 1979 C L C 754 ref. , (b) Criminal Procedure Code (V of 1898)- .-- S. 488 read with West Pakistan Family Courts Act (XXXV of 1964), Ss. 5 & 20-Maintenance-Scope and object of Chapter XXXVI of Code entitled "of Maintenance of Wives and Children"-Held, sought to be achieved by Legislature by providing a statutory right independent of a right which a person may have under his personal law or under contract-Maintenance, a statutory right of quasi-civil nature made enforceable through .coercive machinery of criminal law in order to cut short usual delays of civil procedure-Intent of law cannot be defeated merely because instead of Magistrate such powers now to be exercised by Judge Family Court-Application for restoration of application for setting aside ex parte order of maintenance made more than four years after dismissal of such application and twelve years after order of maintenance-Held, cannot be entertained-Submission of such applications amounts to gross abuse of process of Court­ Failure of Judge, Family Court, to notice such situation and to curb abuse of process of Court deprecated-Order of Judge Family Court entertaining such applications by assuming jurisdiction not vested in him-Held, without lawful authority and of no legal effect-Civil Procedure Code (V of 1908), O. IX read with S. 151-Limitation Act (IX of 1908), Arts. 164. & 181.-[Interpretation of statutes]. In Re: Gulabdas Bhaidas I L R 16 Bom 269 ; Ranchhaddas Narottandas v. Emperor A I R 1949 Bom. 36 ; Shamsher Khan v. Smt. Siddiqunnisa and others A I R 1953…

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