Procedure of S. 17-A---Interim maintenance, fixation of

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Family Court had power to pass interim maintenance order at any stage of the suit.

Interim maintenance should be fixed after filing of written statement of the defendant.
S. 17-A---Interim maintenance, fixation of---Guidelines.
Following are guidelines with regard to fixation of interim maintenance for minor:
(i) Purpose behind insertion of section 17-A in Family Courts Act, 1964 is to ensure that during pendency of proceedings with Family Court, financial constraints faced by minors are ameliorated;
(ii) Family Court should broadly look into social status of parties, earning of defendant, his capacity to pay and requirements of minor is the touchstone on which Family Court should fix interim maintenance;
(iii) For the reason that no right of appeal etc. has been provided against fixation of interim maintenance, such order being tentative and interim in nature, the Family Court should be more careful and precise in such context to ward off any injustice.
I. Maintenance allowance is indispensable right of the mother and children, so the order for grant of maintenance allowance must be passed at a "convenient stage" of the proceedings.
II. Although section 17-A of the ibid Act empowers Family Court to pass an order for grant of interim maintenance allowance at any stage of the proceedings, in the normality of the circumstances, it must be passed after hearing "both of the parties" unless the attitude and conduct of the defendant/father is evasive.
III. The order for grant of interim maintenance is made on the basis of tentative assessment of the material available on file and keeping in view the social status of the parties. Further, both the above, material available and social status, should be mentioned in the order for the grant of interim maintenance. Further the quantum of interim maintenance should be "bare minimum" to meet the day to day needs of the recipient in the narrow context.
IV. Although the family laws have been enacted to promote, protect and advance the rights of women and children yet at the interim stage, the version of the respondent/defendant be given a sympathetic or somewhat preferable consideration because, non-payment of interim maintenance allowance will cut throat of his invaluable right i.e. "right to defence" and in consequential effects, children/women would be the losing and deprived parties.
V. Further, if the case is not decided within the statutory period as given in Section 12-A of the West Pakistan Family Courts Act, 1964 either party may apply to the High Court for appropriate direction. However, the order for grant of interim maintenance shall hold the field unless reviewed by High Court under Section 12-A or Family Court itself reviews it at any stage as observed below.
VI. Family Court, according to section I2-A" of the West Pakistan Family Courts Act, 1964, is under legislative direction to decide the case within six months. Although this provision is directive as no penalty/consequences are mentioned for non-compliance and in this regard reference is made to (2001 SCMR 1001). But in case the matter is not decided within six months and the delay is due to the plaintiff party, then Family Court either on its own motion or on the application of the defendant/father review its earlier order for grant of interim maintenance allowance.
(e) West Pakistan Family Courts Act (XXXV of 1964)--
S. 14---Interim order---Remedy---No remedy of appeal, revision or review had been provided against an interim order passed by the Family Court.
S. 14---Interim order of Family Court, review of---Scope---Family Court had power to review its own order but only to the limited extent.
General Clauses Act (X of 1897)---
S. 24-A---Constitution of Pakistan, Art. 10-A---Right to fair trial--­"Scope---Public authority was required to furnish reasons for every order whether same was executive or judicial.
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