Option to appeal by virtue of section 14

"Now, I advert to the plea of learned counsel for the petitioner thut since the orders impugned heriin are of far rcuching consequences they can be challenged by means of a Constitutionul petition.

.,Assuming for the sake of arguwent that -these orders would have lot of beating on the fate of the case, of the whole gamut of dispute between the parties. Final decision on the suit would be option to appeal by virtue of section 14 of the said Ad and, therefore, if the petitioner fails before the learned Family Court, he will be able to assail, before the Appellate Court, the orders now being challenged by him. Thus, he has a remedy qua the orders in question although he with have to wait for some time to kave recourse to that remedy if at all there arises a need for his so doing. He wilt not have to worry bout those orders ,f the respondent's suit is dismissed by the learned Family Court If orders like those under challenge are allowed to be taken exception to in writ jurisdiction, it will not be possible to achieve the object for which the law embodied in the said Act was framed because writ petitions relating to such would obviously consume a lot of time and that would result in inordinute delav in the Jinalization of matrimonial disputes,,' '

PLD 1982 Lahore 281

Used In Judgment of:
Lahore High Court
WP- Family Law
29938-14

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