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Citation Name: 2024 YLR 2841 PESHAWAR-HIGH-COURTBookmark this Case Muhammad Raheel vs Mst — 2024 YLR 2841 PESHAWAR-HIGH-COURT

Case information

Citation
2024 YLR 2841 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 2841 PESHAWAR-HIGH-COURTBookmark this Case Muhammad Raheel vs Mst
Subject matter
Family
Provisions referred to
S. 17-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 YLR 2841 PESHAWAR-HIGH-COURTBookmark this Case Muhammad Raheel VS Mst. Rimsha Anwar art. 199---Family Courts act (XXXV of 1964), S. 17-a---Grant of interim maintenance allowance for minor, assailing of---Constitutional petition---Maintainability---If the father finds that the interim maintenance excessive or order for the some suffers from any illegality, irregularity or is arbitrary, fanciful and void ab initio, without jurisdiction or same has attained the status of final order, then constitutional petition is maintainable---Interlocutory orders of the Family Court should not be assailed in constitutional jurisdiction, even though in some cases they are harsh, but the determination of adequacy or inadequacy of the quantum of maintenance would certainly require factual evidence or inquiry which cannot be made in the proceedings under art. 199 of the Constitution ---Legislature, has specifically prohibited filing of appeal against interim order thus, allowing constitutional petition against interim order would amount to defeating intention of legislature---Even otherwise, there is no bar under the law to challenge the void ab initio orders, which are without Jurisdiction---Orders at interlocutory stages should not be brought to higher courts to obtain pragmatic orders as it tends to harm the advancement of fair trial, curtails remedies available under the law and even reduces the right of appeal---Constitutional petition filed by father against quantum of interim maintenance allowance, being non-maintainable, was dismissed in limine , in circumstances.

Other judgments reported in 2024 YLR

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