Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 14---Civil Procedure Code (V of 1908), O.Vll, R.11 --- Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Interim order passed by Family Court---Validity---Respondent (wife) filing suit for dissolution of marriage exercising her right of option of puberty---Petitioner (husband) filing application under O.VI1, R.11, C. P. C. for rejection of plaint on the strength of registered Nikahnama slowing that her Ntkah was not performed during .her minority---Family Court dismv,5ing such application on ground that application under O.VII, R.Y11, C.P.C was not maintainable in family suit--­Such interlocutory order challenged in Constitutional petition---Held, S.14 of West Pakistan Family Courts Act, 1964 provided for an appeal and excluded right of appeal against interim order---Any statute which excludes right of appeal against an interim order could not be bypassed by assailing the same through Constitutional petition. (p. 433) A Mst. Basra v. Abdul Hakim and others PLD 1986 Quetta 298 and Mst. Zohran Bibi v. Manzoor Ahmad and others PLD 1975 Lah. 318 ref. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 17---Civil Procedure Code (V of 1908), Preamble---West Pakistan Family Courts Act, 1964 is a special law and Code of Civil Procedure, 1908 does not apply to proceedings under the said Act except its Ss. 10 & 11---Interlocutory orders passed under West Pakistan Family Courts Act thus cannot be challenged in Constitutional jurisdiction of High Court. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----Preamble---Object and procedure---Intention of the law-makers as reflected from the West Pakistan Family Courts' Act is that no technicality should stand in the way of administration of justice between the spouses involved in litigation. ORDER The brief facts of the instant writ petition are that Mst. Mumtaz Bibi respondent No. l filed a suit for dissolution of marriage on the basis of exercising her right of option of puberty with the assertion that her Nikah was solemnised during her minority and Rukhsati did not take place, when she reached the age of…

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