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Makhdoom Shahab-ud-Din vs Judge Family Court, Islamabad (West) Ss — 2024 YLR 2854 ISLAMABAD

Case information

Citation
2024 YLR 2854 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
YLR
Parties
Makhdoom Shahab-ud-Din vs Judge Family Court, Islamabad (West) Ss
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

Makhdoom Shahab-ud-Din VS Judge Family Court, Islamabad (West) Ss. 5, Sched., 14(3) & 17-a---Constitution of Pakistan, art.199---Suit for recovery of dower and past and future maintenance allowance---Interim/interlocutory order---Interim maintenance with a stipulation---Contention of petitioner-husband was that interim maintenance should not be granted to respondent-wife and an order under S.17a of the Family Courts act, 1964, could not be passed because he denied the existence of marriage between them---Validity---Claim set up by the respondent ostensibly reflected existence of marriage bond between the parties---If this aspect was seen in conjunction with the fact that no action had since been initiated by the petitioner against the respondent to counter her claim set up in plaint, it could not be said that impugned order did not cohere with the ground situation---If the respondent failed to substantiate existence of her marriage with the petitioner, she had to return the amount, received as interim maintenance, to the petitioner in lump sum---Being a special law, act of 1964 bars remedy of appeal or revision against interim order, therefore, when a statute specifically excluded a remedy, petition in terms of art.199 of the Constitution could not be maintained against the interim order as it would amount to circumventing the intention of the legislature and frustrating the express provision of law---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2024 YLR

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