Maintenance has been fixed at Rs.4,000 per month temporarily which can obviously be modified later.

Reliance in this regard may be placed on the case of Munir Alam (2009 CLC 442), the relevant portion whereof reads as under:-

“4. The impugned order is an interim decision. Maintenance has been fixed at Rs.4,000 per month temporarily which can obviously be modified later. It is not a final order adversely affecting the petitioner. This Court does not want to prejudice the proceedings by commenting upon the claim of the petitioner. However, it is held that the interim order of the kind cannot be interfered with in a writ petition like this.

 5. In family matters this Court has unanimity that controversy between the parties effecting their rights even through an interlocutory order deciding such question finally would come within the ambit of case decided. Reference Muhammad Juman v. The State, 2004 MLD 278 ref. The ratio of the above judgment is clear and un-equivocal.

 6. In the present case, the issue being provisional which shall be re-visited by the Court at the time of making final decision, there is no question of interference. This Court is further fortified in his conclusion through judgment reported as University of Health Sciences through Vice-Chancellor v. Dr. Azeemuddin Zahid and another, 2007 CLC 1055 ref.”

Part of Judgment : 

IN THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI

WP- Family Law
538-14

2014 LHC 5053