Law: Family Courts Act, 1964

Section: 17A,12A

Law: Family Courts Act, 1964

Section: 17A,12A

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 17-A---Constitution of Pakistan (1973), Art.199---Constitutional petition--Interim maintenance---Determination--Guidelines---Wife filed application before Family Court seeking striking off defence of husband on the ground that he did not pay interim maintenance---Amounts paid by husband on different occasions were not considered by Family Court, defence of husband was struck off and suit was decreed in favour of wife---Judgment and decree passed by Family Court was maintained by lower Appellate Court---Plea raised by husband was that Family Court could not fix maintenance without recording any evidence to such effect---Validity---High Court directed Family Court to be careful while fixing interim or full maintenance, rate and computation of period for grant of maintenance and material questions, which depended upon evidence of parties---Family Court should look upon social status of parties, expenses required, source of earning and income of husband and his position to make payment---Family Court had power under S.17-A of West Pakistan Family Courts Act, 1964 to grant interim maintenance for minor or wife during pendency of proceedings, such interim maintenance was to be paid by 14th of each month---Wilful; deliberate or contemptuous disobedience or non-compliance might attract penal consequences of striking off defence of that party--Before having recourse to penal action, Family Court should apply its judicial mind to facts and circumstances of whole case---Penal provisions under S.17-A of West Pakistan Family Courts Act, 1964 were directory in nature and not mandatory--Interim maintenance order was always tentative in nature which had no effect or bearing on final order--High Court in exercise of Constitutional jurisdiction set aside s and decrees passed by two Courts below and remanded the case to Family Court for deciding the matter afresh after affording opportunity to parties for adducing their evidence---Petition was allowed accordingly. Zafar Hussain v. Begum Farzana Nazli and others PLD 2004 Lah.349 and Muhammad Khalid Javeed v. Shahida Parveen and 4 others 2007 YLR 1366 rel. (b) Constitution…

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