Section 17A and 12A of West Pakistan Family Court Act 1964
Interim maintenance order fixing allowance – time period for which such interim order would remain valid – scope joint reading of section 17A and 12A of West Pakistan Family Courts Act 1964 reveled that when Family Court was made competent to pass an interim order for payment of maintenance allowance, it was also made incumbent upon the Family Court to dispose of the case pending before it within a period of six months from the date of institution – order passed under section 17A of the Wets Pakistan Family Court Act 1964 would be, at most effective by virtue of section 12A for final disposal of a lis pending before Family Court- when the maximum age expired, continuation of proceedings before Family Court violate provision of section 12A of the said Act- age of an order passed under section 17A of West Pakistan Family Courts Act 1964 for interim maintenanec would at maximum be six months and if porceedings were not concluded within such time in the main suit wherein interim order was passed, the Family Court should not insist upon the implementation of the order of interim maintenance – High Court observed that family Court had to report to the High Court for non implementation of section 12A of West Pakistan Family Court Act 1964 or in case of failure of Family Court to do so, either party would have a right to bring to notice of High Court such illegality being continued in the Family Court and High Court shall then either under prosio to section 12A of the said Act or under Article 199 of the Constitution pass appropriate order and reconsider quantum of maintenance
PLD 2013 Lahore 64
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