The learned Judge Family Court declined to fix interim maintenance allowance of the respondent-wife as it had yet to be established, whether she was living apart from her husband due to his fault or on her own free-will without justification. The main grievance of the petitioner is that order of the Judge Family Court declining to fix interim maintenance allowance of the respondent-wife being an interlocutory order was not appealable; hence the appellate court had exceeded its jurisdiction to entertain appeal. the affected party, may in appropriate circumstances where impugned order is not based on any sound reasoning, agitate the matter before the appellate authority by filing an appeal against the decision given on his/her application in terms of Section 14 of the Family Courts Act, 1964 which appeal was rightly entertained by the learned Addl. District Judge and the order passed by him could not be stated to be without lawful authority in the given circumstances of the case on the ground of non-availability of the appeal.
Writ Petition-Family-Maintenance=1395-21
MUHAMMAD ASHRAF VS
ADJ ETC
29-01-2021
2021 LHC 992
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