MASHAB ALI vs JUDGE FAMILY COURT (EAST), ISLAMABAD S — 2025 CLC 987 ISLAMABAD

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MASHAB ALI VS JUDGE FAMILY COURT (EAST), ISLAMABAD S. 14(3)---Constitution of Pakistan, Art. 199---Interim maintenance allowance of minor fixed by Family Court---Quantum, challenging of---Constitutional petition---Scope---Section 14(3) of the Family Courts Act, 1964, clearly stipulates that the Legislature has specially prohibited the filing of an appeal against an interim order, thereby indicating that the Legislature did not intend for an interim order to be subject to challenge---When a party challenges an interim order during the pendency of a suit under the constitutional jurisdiction vested in the High Court, the Court must exercise its jurisdiction with due consideration of the fact that the order is interim in nature---Not every interim order should be challenged at this stage---Once the suit is finally decided by the Trial Court, all interim orders become subject to review in appeal---If there is a defect in the interim order, it can be reviewed and scrutinized at the stage of the final appeal, as the first appeal is considered, the continuation of the trial, and first appellate court serves as both a court of fact and law and has the authority to examine such defects at that stage---When party approaches the High Court under its constitutional jurisdiction, it is required to demonstrate that the impugned order is issued without jurisdiction as it is only then that the High Court can exercise its Constitutional jurisdiction to declare the order void---When an order has been passed while exercising discretion, the same cannot be declared by any stretch of imagination to be without jurisdiction---Petitioner (defendant/father), prima facie, being dissatisfied with the quantum of interim maintenance having been provided to his minor children, had filed the constitutional petition---Determination of adequacy or inadequacy of the quantum of maintenance would certainly require factual inquiry and evidence, which practice cannot be carried out by the High Court while exercising powers under Art. 199 of the Constitution---Constitutional petition filed by defendant/father, being non-maintainable, was dismissed, in circumstances.

MASHAB ALI vs JUDGE FAMILY COURT (EAST), ISLAMABAD S — 2025 CLC 987 ISLAMABAD

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