Law: Family Courts Act, 1964

Section: 10(4),17-A

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 10(4), proviso---Constitution of Pakistan (1973), Art.199---Constitutional petition---Interpretation of proviso to S.10(4) of West Pakistan Family Courts Act, 1964---Held, word "Shall" used in S.10(4), proviso of the West Pakistan Family Courts Act, 1964 is directory in nature and not at all mandatory---Family Court can dissolve the marriage under proviso to S.10(4) of the Act, after failure of the pre-trial reconciliation proceedings, if the facts and circumstances of the case firstly demand such an order, keeping in view the principles of Khula---If, however, the Family Court concludes that evidence should be recorded to determine the right of wife to get the marriage dissolved on any other legally admissible ground, the Family Court can skip over the stage and frame issues to record evidence and decide the case according to law---Principles. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 17-A---Constitution of Pakistan (1973), Art.199---Constitutional petition---Interim maintenance allowance to wife---Determination by Family Court---Scope---Family Court has lawful authority under S.17-A of the West Pakistan Family Courts Act, 1964 to determine the interim maintenance allowance---Such allowance, in the present case, was not determined in vacuum but in fact same was based on the commitment of the husband in Nikahnama that he shall pay that much amount to the wife in such like situation---Constitutional petition was dismissed in circumstances. ORDER SYED YAHYA ZAHID GILLANI, J.---Since no appeal or revision lies against an interim order passed by a Family Court due to the bar contained in section-14(3) of the West Pakistan Family Courts Act, 1964, the petitioner, alleging that no other adequate remedy being available to him, has, in this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, called in question the interim order of Judge Family Court, Nowshera, dated 13-3-2008, whereby the petitioner (husband) has been directed under section 17-A of the Act (ibid) to pay the respondent Mst. Shaista (wife) Rs.5000 per month, as interim…

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