12. Under the above provision, Family Court has the
power to pass interim maintenance order at any stage of the
suit. Normally it is passed after filing of the written statement
on behalf of the respondent/defendant in the suit. Now if the
defendant found the same to be excessive or if the order
suffers from some illegality or irregularity or it is arbitrary,
fanciful, void ab-initio, without jurisdiction or if the same has
attained the status of a final order, then writ under Article 199
of the Constitution of Islamic Republic of Pakistan, 1973 will
become maintainable. In this regard reference is made to
Sikhawat Hussain vs. Farzand Bibi and 6 others 2004 MLD
1834 (Lahore), Ghulam Mohy-ud-Din v. Mst. Mehvish 2002
YLR 3771 (Lahore), Muhamamd Khalid Javeed v. Mst. Shahida
Parveen and 4 others 2007 YLR 1366 (Lahore), Aamer
Mehmood Hussain v. Naeha Aamer Sayed and 2 others 2011
MLD 1105 (Lahore), Abrar Hussain v. Mehwish Rana and 3
others (PLD 2012 Lahore 420) and Nadeem Raza v. Judge
Family Court and 3 others 2013 YLR 965 (Lahore)
Part of Judgment :
IN THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT.
WP- Family Law
21213-14
2014 LHC 6331
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