Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched. & S.10---Suit for maintenance of minor---Interim maintenance granted from date of suit---Effect---Proceedings of suit would take effect from its institution---Retrospection could be relatable to period preceding date of institution of suit and not to period starting with its commencement---Such interim maintenance could not be termed as past maintenance. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. & S.10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Scope---Suit for maintenance of minor---Interim maintenance granted by Family Court---Plea of petitioner that keeping in view his financial resources, rate of interim maintenance was exorbitant---Validity---Such question involving factual inquiry could not be sorted out in constitutional jurisdiction---High Court dismissed constitutional petition in circumstances. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched., Ss.10 & 14---Constitution of Pakistan (1973), Art.199--- Constitutional petition---Maintainability---Suit for maintenance of minor---Order of Family Court granting interim maintenance to minor---Impugned order was an interlocutory order, which had no effect of being a final order---Interlocutory order, unless bears characteristics and effect of a final order, could not be subjected to judicial scrutiny in proceedings under Art.199 of the Constitution---High Court dismissed constitutional petition in circumstances. Naseemullah Khan Niazi for Petitioner. ORDER ZUBDA-TUL-HUSSAIN, J.---This writ petition questions the legality of the order for interim maintenance allowance passed by the learned Judge, Family Court, Sargodha, in a suit filed on behalf of respondents Nos.2 and 3 the minor sons of the petitioner. 2. In the suit it was directed by the learned Judge Family Court that during the pendency of the suit the petitioner shall pay an interim maintenance allowance to the respondents Nos.2 and 3, the minor sons, at the rate of Rs.3,000 and Rs.2,000 per month, respectively. Thus, the total interim allowance to be paid by the petitioner was Rs.5,000. It was…

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