Condition of deposit of minor’s allowance is not against the provision of law as under Section 17-A of the West Pakistan Family Courts Act, 1964 a Family Court has the power to pass an order for interim maintenance.

18. Keeping the above in mind, when the order dated 04.04.2009 is examined, it is found that the appeal was dismissed solely on the ground that petitioner had failed to deposit the maintenance of minor as per direction of the court. This condition of deposit of minor’s allowance is not against the provision of law as under Section 17-A of the West Pakistan Family Courts Act, 1964 a Family Court has the power to pass an order for interim maintenance. It is also an admitted fact that appeal is continuation of suit and therefore the order passed by the learned Appellate Court directing the petitioner to deposit the maintenance allowance of minor by the next date of hearing and petitioner’s failure to deposit the amount or in other words petitioner’s failure to comply with the order of the Appellate Court calls for the strict action against the petitioner. The Appellate Court rightly dismissed petitioner’s appeal on the ground of failure to deposit the maintenance amount as well as on account of non-compliance of order of the Appellate Court. The order impugned is neither illegal nor void. Injustice is also not caused due to the said order to the petitioner. Although learned counsel for the petitioner has relied upon Abdullah v. Mst. Zubaida Begum and others (1988 CLC 1631) to state that pre-condition of deposit of decretal amount is illegal.

  Part of Judgment : 

IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT

WP- Family Law
19091-09

2014 LHC 5328