The dismissal of application under Section 21-A of the Family Courts Act, 1964, which is a remedy provided under express provision of the said Act through which interim relief of protection of property during the pendency of pending family suit has been refused is a decision given which is appealable in terms of Section 14 of the Act; hence, without availing the said remedy, direct constitutional petition is not maintainable due to availability of alternate remedy,

 Where an express provision of law provides a right or remedy to enforce said right and the court passes an order relating to the same, which order even if an interlocutory order and has finality attached to it for a particular purpose provided by the said provision of law, the same becomes a challengeable decision under Section 14 of the Family Courts Act, 1964. The dismissal of application under Section 21-A of the Family Courts Act, 1964, which is a remedy provided under express provision of the said Act through which interim relief of protection of property during the pendency of pending family suit has been refused is a decision given which is appealable in terms of Section 14 of the Act; hence, without availing the said remedy, direct constitutional petition is not maintainable due to availability of alternate remedy, hence, the constitutional petition being premature is disposed of with observation that, if advised, the petitioner may seek the available remedy before approaching this Court.

Writ Petition-Civil Proceedings-Possession
20358-21
MST KUNDAN MAI VS
JFC ETC
Mr. Justice Muzamil Akhtar Shabir
30-12-2021














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